The exponential growth in e-commerce has revolutionized the way businesses buy, sell, operate, and communicate. And while the digitization of commerce has boosted efficiency and profitability, it has also raised the specter of new and serious online risks. Businesses must have a clear legal strategy in order to prevent and react to cyber-piracy, cybersquatting, data breaches, Internet fraud, online copyright infringement, and online trademark theft. Addressing these and other e-commerce concerns is complicated by the fact that e-commerce law is still clearly evolving. Clients need counsel who are deeply knowledgeable about intellectual property law and continually track changes in the e-commerce field.
Cozen O’Connor’s respected intellectual property group represents a wide range of corporate clients in e-commerce matters. We have experience working with clients from such diverse industries as retail and luxury goods, arts and entertainment, media and sports, finance, education, food and beverage, manufacturing, telecommunications, managed services, hospitality, computer software, and engineering. Our attorneys routinely help analyze regulatory requirements; create agreements, terms of use, terms of service, and privacy policies that govern electronic transactions; negotiate major online transactions; and conduct e-commerce dispute resolution and litigation.
We have experience assisting clients at every stage of development. Because Cozen O’Connor is a leading advocate for emerging businesses, our attorneys are acutely aware of the unique e-commerce issues faced by startups and venture-backed firms. At the same time, we frequently represent well-established corporate entities and Fortune 500 companies looking to build or expand an online platform, while maintaining historically successful ground operations. In each instance, our advice is specifically tailored to further the business goals of individual clients.
Cozen O’Connor also brings a vital global perspective to our e-commerce engagements. The Internet, of course, knows no national boundaries, and the vast majority of electronic commercial endeavors involve parties based in more than one country. Our attorneys interact regularly with foreign government agencies and foreign counsel in the course of resolving multinational disputes. We are well versed in foreign treaties and legal regimes, understand international intellectual property and privacy codes, and have good rapport with foreign counterparts.
SERVICE AREAS
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Advise on regulations and statutes regarding online sales, marketing, and purchasing, including issues under the Communications Decency Act and the Digital Millennium Copyright Act
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Conduct e-commerce dispute resolution and litigation involving the sale of counterfeit goods; disputes branding, platform, or software; breach of employment agreements; theft of trade secrets; copyright or trademark infringement; cybersquatting and other domain name disputes; and online defamation and First Amendment rights
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Draft terms of use or service, legal disclaimers, privacy policies, and sale or license agreements
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Write software development and licensing agreements; form technology joint ventures
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Handle filings to protect web-related copyright, trademark, trade dress, and software source code