The Nissenbaum Law Group’s Internet law clients range from true e-commerce websites to brick-and-mortar companies that utilize a website solely as an adjunct. The firm handles a range of Internet law matters, such as drafting electronic contracts, protecting against universal jurisdiction, addressing privacy issues and attending to the Internet’s distinct intellectual property concerns related to copyright and trademark.

The Nissenbaum Law Group’s attorneys also practice in the related field of high technology law. For example, the firm has significant experience representing software development and technology companies, including those that sell computer-based technology worldwide. In particular, the firm has handled matters that involve software development projects in Europe, as well as the sale of high technology in Europe, the Middle East and Asia. Likewise, our firm has a robust practice representing video game and app development, as well as clients who have disputes relating to those digital platforms.

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. The firm prepares and files copyrights with the Copyright Office to provide them with national protection.

Trademark and Service Mark Registration

A trademark applies legal protection to the words or pictures associated with a given manufacturer or source of a product, and a service mark protects the words or pictures associated with a service. A good example of each is a logo that is stamped on a product and a name used to identify a service in commerce. Our firm routinely files trademark and service mark applications with the United States Patent and Trademark Office. Our firm also addresses objections to the application by the Federal government and seeks to obtain registration for its clients, notwithstanding those objections. We also represents clients in litigation and enforcement actions pertaining to online infringement of trademarks and service marks.

Legal Aspects of Utilizing GPT and Other Artificial Intelligence Applications

Our firm welcomes inquiries from clients who are utilizing artificial intelligence applications such as GPT and others. This new area of digital technology raises a host of legal problems confronting business clients, such as intellectual property ownership, contractual indemnification and royalty issues and potential liability for advice that appears to be generated by a person, but is actually created digitally through artificial intelligence.

Strike 3 Subpoenas

For well over a decade, Strike 3 Holdings has been serving subpoenas on individuals who downloaded adult content from the dark web as to which Strike 3 claims a copyright. Our firm has handled a large number of such matters, with the vast majority of them settling at the outset. Learn more about how our attorneys can help with Internet-related subpoenas.

Computer Hardware and Software Sale, Lease and License Agreements

Our firm has 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. Contrary to popular belief, there is no such thing as a “standard” software license agreement. Each contract must be drafted with the unique aspects of that transaction in mind. Our firm endeavors to treat each such representation as unique and customized.

E-Commerce

Our firm is fully familiar with the various laws 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. Our firm advises clients as to the development of online purchase order terms and conditions, privacy policies, website advertising and online content.

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 subjecting itself to liability for representations made on the website. We have very affordable web site disclaimers that can be tailored for the needs of our clients.

Cybersquatting Law

The Federal Anticybersquatting Consumer Protection Act, 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. Our firm can help its clients comply with that law, and also bring claims on behalf of our clients against people who do not comply with those requirements.

General Data Protection Regulation (GDPR) Privacy Policy Protections and Corresponding U.S. State Statutes

The European Union has enacted a number of guardrails to protect those EU members who access websites from having their personal information gathered and used without their consent. Many states have also enacted digital privacy laws that contain a number of protections for consumers who utilize the Internet. That means users will have the right to control how a website collects their data and shares it. There also are remedies that allow the users to require their information to be deleted and not tracked in the first place. Our internet law transactional team is available to advise clients with respect to certain key digital privacy laws.

World Intellectual Property Organization (WIPO)

The Nissenbaum Law Group’s intellectual property practice also extends internationally (involving local counsel outside the United States, as necessary). Given the global reach of the Internet, the firm’s clients have intellectual property interests—typically, copyright and trademark—that often extend into foreign territories. The firm works to register and enforce its clients’ intellectual property rights in these foreign territories, often in coordination with The World Intellectual Property Organization (WIPO) and the Madrid Protocols.  

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 in the original version, and in 2005, became binding law. It requires any person that posts an adult website to take precautions to ensure that it does not depict an underage person. The requirements of the law are complex. For example, it mandates that certain identifying information be maintained with a custodian of records. The firm has advised numerous clients as to compliance with this law. See our 2257 blog.

Federal Trade Commission Guide Concerning the Use of Endorsements and Testimonials in Advertising

The Federal Trade Commission (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising regulates advertisers, including websites, that provide testimonials and representations about products or services. For example, “Mommy blogs” and Açaí berry sites (and their affiliate sites) are affected to the extent that they contain reviews or endorsements of products or services. The regulations can be accessed at 16 CFR Section 255.2 and the applicable statute is 15 USC Section 55. The regulations are divided into the following categories: Consumer Endorsements 255.2, Expert endorsements 255.3, Endorsements by organizations 255.4 and Disclosure of Material Connections 255.5.

The previous regulations have changed so that simply providing a disclaimer is not sufficient to provide a safe harbor preventing the site from being deemed to have violated them. Now, the content of the endorsement or testimonial needs to be inherently non-misleading, regardless of whether a disclaimer is included. Simply stating “results not typical” will not prevent liability. Material connections and paid endorsements must be disclosed. Celebrity and expert endorsements are particularly important since they have a higher capacity to mislead the public. We anticipate that the regulations will highlight the need for changes to terms and conditions and privacy policies; upgraded affiliate agreements; website disclaimers; and indemnification provisions for celebrity or expert endorsement agreements.