CLICK FOR VIDEO

Many of the Nissenbaum Law Group's clients are Internet-based, e-commerce companies or additional companies that utilize websites. Internet companies present unique legal challenges: drafting electronic contracts, protecting against universal jurisdiction, addressing privacy issues and attending to distinctive intellectual property concerns. The firm routinely advises clients with regard to these legal matters. Nevertheless, in the final analysis, an online business is still a business; it has similar corporate, employment and intellectual property concerns as a traditional brick-and-mortar entity. The firm endeavors to tailor its representation to address the standard legal challenges that all businesses face, while at the same time meeting the unique needs of online commerce.

High technology law is a related practice area. The firm has significant experience representing software development and technology companies. In addition, it has represented companies that sell computer-based technology worldwide. The firm has handled international legal matters, such as software development projects in Europe, as well as the sale of high technology in Europe, the Middle East and Asia.

The firm's practice in the Internet and technology areas include:

• Formation of online businesses such as limited liability companies, corporations and non-profit companies
• Legal disclaimers for websites, including terms and conditions, privacy policies and online sale or license agreements
• Domain registration disputes
• Intellectual property filings to protect a website, including copyright registration and trademark/tradedress registration for protectable aspects of the website
• Custom software development and licensing agreements
• Legal aspects of online marketing
• Issues related to the Communications Decency Act and the Digital Millennium Copyright Act
• Online copyright and trademark infringement
• Cybersquatting and other domain name disputes
• Online defamation and First Amendment rights
• Compliance with 18 U.S.C. 2257 and 28 C.F.R. 75
• Technology joint venture agreements
• Software consulting agreements
• Intellectual property filings to protect software, including the underlying source code
• Purchase, sale or license of proprietary technology

Please click on the following items to learn more about these sub-sections of the firm's practice:

• Copyright Registration
• Trademark and Servicemark Registration
• Computer Hardware and Software Sale and Lease, License Agreements
• E-Commerce
• Website Disclaimer
• Cybersquatting
• Compliance with 18 U.S.C. Section 2257 and 28 C.F.R. 75 - (Child Protection and Obscenity Enforcement Act -- Custodian of Records)

Copyright Registration Copyrights protect the expression of an idea. That can be anything from the words used in a website to its colors, graphics and pictures. We prepare and file copyrights with the United States Patent and Trademark Office for our clients, providing them with national protection. [click here to return to top of page]

Trademark and Servicemark Registration
A trademark applies legal protection to the words or picture associated with a given manufacturer or source of a product, and a servicemark protects the words or picture associated with a service. A good example is a logo that is stamped on a product or a name used to identify the product or service in commerce. We routinely file trademark and servicemark applications with the United States Patent and Trademark Office. We also address objections to the application by the Federal government and seek to obtain registration for our clients, subject to them. We also represent clients in litigation and enforcement pertaining to online infringement of trademarks and servicemarks. [click here to return to top of page]

Computer Hardware and Software Sale, Lease and License Agreements
We have formed many companies that create, sell and/or license software. We have negotiated such agreements for both the buyer and the seller (in different transactions). Our practice also involves reviewing and preparing terms and conditions for the purchase of computer hardware and software. There are very important clauses that must be included in a software license agreement; there is no such thing as a "standard" contract. Each matter raises its own unique issues. [click here to return to top of page]

E-Commerce
We are fully familiar with the variouslaws and statutes that govern e-commerce, and what is needed to help protect and run an online business. In fact, some of our clients conduct transactions solely over the Internet. We advise clients as to the development of online purchase order terms and conditions, privacy policies, website advertising and online content. [click here to return to top of page]

Website Disclaimer
Every website should include some level of disclaimer language. This is important for such things as preventing the owner of the website from submitting to the jurisdiction of other States and to disclaim liability for representations made on the website. We have very affordable web site disclaimers that we can tailor to the needs of our clients. [click here to return to top of page]

Cybersquatting Law The Federal Cybersquatting Law, 15 U.S.C Section 1125 , seeks to prevent people from utilizing Internet domains that dilute or otherwise infringe on the intellectual property of others. We can help our clients comply with that law, and we can also bring claims on behalf of our clients against people who do not comply with its requirements. [click here to return to top of page]

Child Protection and Obscenity Enforcement Act (18 U.S.C. Section 2257 and 28 C.F.R. 75) This law was originally struck down as unconstitutional by the United States Supreme Court. It was rewritten by Congress to address the problems of the original version. In 2005, it became binding law. It requires any person that posts an adult website to take precautions to ensure that no underage persons are depicted. The requirements of the law are complex, and they mandate that certain identifying information be maintained with a custodian or records. In appropriate circumstances, our firm will advise clients as to compliance with this law. [click here to return to top of page]

Legal Updates:

• Legal Alert: Sixth Circuit Holds that the Record-keeping Requirements of 18 U.S.C. § 2257 are Unconstitutional
• Legal Alert: United States Department of Justice Requests Comments from Small Businesses Regarding the Impact of Proposed Record-keeping Requirements
• Legal Alert: Ninth Circuit Decision Diminishes the Protections Afforded by the Communications Decency Act

New Jersey Office 2400 Morris Avenue Union, New Jersey 07083 P. 908.686.8000 F. 908.686.8550

New York Office 140 Broadway, 46th Floor New York, New York 10005 P. 212.871.5711 F. 212.871.5712

Pennsylvania Office 1500 Market Street 12th Floor, East Tower Philadelphia, Pennsylvania 19102 P. 215.523.9350 F. 215.523.9395