Internet and e-Commerce, Domain Names, and Cybersquatting

Internet and e-Commerce, Domain Names, and Cybersquatting

Our attorneys have the experience to help clients navigate today’s rapidly-changing e-commerce legal environment, including those with specialized, highly regulated and/or cross-border product offerings.

Attorneys at Culhane advise clients on a wide range of e-commerce applications, whether offered on the Internet, a mobile app, an OEM device or via social media, whether designed for use by other businesses, by consumers or by employees, and whether in a specialized industry or a more traditional order-and-ship setting. In the current era, many U.S. states are enacting laws applicable only in the realm of e-commerce, including most notably those in the areas of data privacy/security, consumer protection disclosure and “marketplace facilitator” sales taxes. In this environment, clients require experienced counsel able to trouble-shoot and offer tailored compliance solutions for clients in light of these emerging legal issues, on top of the long-standing issues of intellectual property protection and regulation of industry-specific activities. When a client’s e-commerce plans include cross-border elements, the need for counsel experienced in cross-border e-commerce with a problem-solving approach is only heightened.

Our attorneys have the experience to guide clients through this legal maze. They work closely, as appropriate, with other Culhane attorneys experienced in regulatory, privacy and security, tax, intellectual property, litigation, insurance and international matters to provide comprehensive advice to clients based on their particular circumstances. Our attorneys have experience guiding clients ranging from established “brick and mortar” clients taking their first steps into e-commerce to modern start-ups whose offerings are purely app-based or those that involve cryptocurrencies.

Many of the attorneys at Culhane have extensive experience advising clients in specialized industries involving specific areas of online regulation, including gaming/entertainment, healthcare, insurance, financial services and online auctions. We are able to advise our clients in all aspects of law involving these industries, from the creation or acquisition of intellectual property to the worldwide distribution of a finished product. We assist clients involved in every aspect of these industries, whether creators, licensors, publishers, distributors, platform manufacturers or others, for products that are made available online, on OEM devices (whether computers or mobile devices) or social platforms such as Facebook.

Representative experience includes:

  • Counsel to leading travel-related services company in outsourcing of the development and operation of its consumer facing online travel business.
  • Represented leading global provider of in-home movie and game entertainment in outsourcing of online hosting of external website to AT&T (with Verizon through down-select).
  • Counsel to global video game company with experience negotiating and drafting transactions related to sales, distribution and exploitation of interactive entertainment.
  • Represented major transportation company in the re-design of its entire website (external).
  • Represented major financial services company in the establishment of joint venture entities to build and operate an Internet-based employee portal service and a B2B horizontal marketplace for the systematic sourcing of operating inputs, targeted to small- to medium-sized business customers.
  • For the world’s largest package distribution and logistics company, provided advice and counseling on developing, structuring, and launching a worldwide, secure Internet delivery service, including implementation of the associated system for issuing digital certificates and negotiation of agreements with multiple “commercial” certificate authorities.
  • For a nationally recognized processor of medical claims, established the structure for issuing healthcare industry specific digital certificates required to operate an Internet-based service for processing a wide range of administrative healthcare transactions.
  • For a major financial services company, advised on the application of the E-Sign Act and UETA to roll-out online statements, including extensive analysis of consumer consent issues.
  • Provided advice and counseling on the initial establishment and expansion of the on-line presence of a Fortune 100 package delivery and supply chain management company and the analysis of on-line operations in over 65 countries.
  • Advised the third-largest online auction company in the U.S. on all aspects of its website and legal compliance.
  • Represented the world’s largest package distribution and logistics company in all aspects involving its offering of various proprietary services (e.g., package tracking, drop-off box locator, etc.) over wireless devices (domestic and internationally), including negotiation of Application Service Provider relationship with host for wireless services, negotiation of channel agreements with multiple device manufacturers, wireless carriers and wireless portals/aggregators, and advice regarding establishment of registration process to reside on wireless device.
  • Represented major international financial institution in negotiation of Application Service Provider relationship for an alerts utility to provide proprietary and nonproprietary content to customers over wireless devices.
  • Represented major international telecommunications company in negotiating an application service provider relationship with StarMedia for integrated, customized, co-branded portal services for client’s subscribers in a number of Latin American markets (accessible via wireless devices and other means).
  • In-house counsel for a major video game publisher.
  • Structuring, drafting and negotiating of all forms of agreements related to interactive entertainment, including: development agreements, content license agreements, publishing agreements, distribution agreements (both traditional and digital), marketing agreements (including licensing dynamic in-game advertising), online hosting agreements, technology and middleware agreements, and first party licenses with Microsoft, Sony and Nintendo.
  • Negotiating, drafting and closing multiple studio and content acquisition transactions, as well as joint ventures, and in performing related due diligence
  • Obtaining, protecting and enforcing intellectual property rights.
  • Establishing overseas publishing / distribution operations (through holding companies and special subsidiaries) throughout Europe, Latin America and Asia Pacific and establishing IP holding company.
  • Advising clients regarding international, U.S., and state data security and privacy regulations and standards.
  • Counseling clients regarding compliance with regulations such as anti-trust regulations, truth-in-advertising rules, Children’s Online Privacy Protection Rule, and the Telemarketing Sales Rule.
  • Contests, promotions, sweepstakes and giveaways, including those involving firearms and other regulated products.