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With respect to web site development, maintenance and contract terms, the following topics are relevant to our client’s web-based businesses.

B. Contract Matters::

(passive site – only informational OR interactive site – sell items, chat rooms)

Terms of Service – Visitors; Subscribers; Vendors; Advertisers

Click-on Contract Approval

I.P. rights, Confidential data policy, Disclaimers: Data input, back-up,

processing errors, data correction and reporting

Copyright Infringement – DMCA Notice – Takedown Demands

Limit liability (e.g., limited to all fees paid in last 90 days)

Privacy Policy

Advertiser – Sponsored Link Agreement

Web site Developer Agreement, who owns I.P., domain ownership

C. Copyright 

Get a copyright assignment from the website developer transferring rights to the website owner; registration for web content (images, text); Copyright Clearance Opinions

D. Keyword Advertising

Trademark; False Advertising, Comparative Advertising; Unfair Competition Suits

This outline was presented by Robert Kain at a speech before the Broward County Bar, Small Firm meeting in March, 2010. Please note that each website is different and the risks associated with the operation of each website should be identified and then dealt with by contract or other I.P. registration or notice.

We are a full service I.P. law firm. We limit our practice to patents, trademarks, copyrights, trade secrets, computer law and the related fields of domain disputes, trade dress, false advertising, trade libel, defamation, unfair competition and Internet law matters. We register rights and litigate I.P. matters throughout the U.S. and use foreign associate law firms for non-U.S. based disputes

A. Domain Names

Trademark Search – clearance for domain names

Trademark Registration (Federal) to guarantee domain name ownership and control

Domain Disputes (UDRP actions) and Cybersquatting Federal Court Litigation