Tel: 323-863-5104 * contact@wlflawyers.com * Fax: 323-892-2324
655 N. Central Avenue, 17th Floor, Glendale CA 91203
Los Angeles E-Commerce Attorneys
Whether you're already doing business online or getting ready to launch a website, the attorneys at WLF Lawyers can help you draft your online agreements or review what you're already using to ensure compliance with the most recent cases and legislation. Is someone using your trademark in their domain name? We can assist you in reclaiming your intellectual property and protecting your mark.
Most businesses have expanded to include an online presence and are conducting online sales. This expansion has become so commonplace that it is possible to have a website up and running within a day, however the legal aspects of such actions are often overlooked. The migration of brick and morter commerce to "e-commerce" has been accompanied by numerous revisions to existing legislation and new case law governing the process of contracting online. In fact, the very nature of what constitutes a contract online remains unclear as two contrary methods of assenting to an agreement have emerged - Clickwrap and Browsewrap.
Clickwrap vs. Browsewrap
Clickwrap agreements consist of website terms and conditions posted to a site, which require a user to click a button or mark a box indicating agreement before completing a transaction. Whether or not a suer actually read the terms, the obvious advantrage is that an overt act was required to assent leaving less ambiguity regarding acceptance. By contrast, Browsewrap agreements consist of terms that are posted to a site where no action other than completion of a transaction is required to accept. The terms are visibly posted online and reference is made to their existence throughout the checkout process and it is up to the user to find them and read them. While the likelihood that a user has ignored the posted terms is greater with Browsewrap agreements (although the risk exists in both situations), courts have shown a willingnes to enforce both types of agreement as long as certain guidelines are followed.We know that the form of agreement you choose to use for your site depends on more than just a legal analysis of the options and our attorneys will work with you, and your website developers, to create the most effective online agreement that integrates well into the existing architecture of your site.
Intellectual Property and Online Disputes
Your intellectual property serves multiple roles online identifying you to your consumer and, in most cases, giving the location of your website or online store through your domain name. WLF Lawyers offers intellectual property services that range from registering and licensing copyrights and trademarks to assisting with disputes regarding infringement and "cybersquatting."Online Agreements
Our attorneys can review your current contracts to make sure they protect you when you expand your business to include online sales or draft new, custom, contracts to suit your needs. When considering online contracting and online sales new concerns arise and provisions for arbitration and choice of forum take on increased importance.Arbitration - Depending on your industry and the state your business is located in, it may be in your best interest to require arbitration of disputes with customers rather than allow for regular civil litigation. Our attorneys can advise you of the most beneficial approach for your business, as wel as draft a clause that considers the most recent developments in this area of law.
Choice of law and forum - If you are conducting business online it is likely that you are hoping to reach customers in multiple states, and maybe even multiple countries. To avoid potentially being required to defend yourself in countless jurisdictions your contracts should designate a particular forum to settle disputes and a particular forum's laws to apply. In most cases your agreement will designate your home state and home state's laws to adjudicate any potential litigation, however our attorneys stay abreast of recent laws affecting the enforcement of such clauses and can draft provisions to comply with the most recent legislation and case law. If you already have contracts that you're using online our lawyers can perform a compliance audit and determine whether its time to update your existing agreements.
