Legal Question in Technology Law in New York

Greetings. I am the creator of a website template for sale. The product will only be available online, as I am including it as part of a hosting package I'm selling from my VPS. With that said, I want to protect against theft my intellectual property, and also indemnify myself against all potential claims stemming from misuse or misunderstanding of the features offered in the service/product I am providing.

I have spent nearly two years developing this particular software and website combination, and I'm getting close to offering it for sale.

I just want to know how I can protect against misuse and or redistribution of my intellectual property. I know the laws regarding software are very...porous. Please provide me with the most concrete advice you can give for someone in my position.

Thanks!


Asked on 5/09/11, 7:21 am

1 Answer from Attorneys

In general, you should have disclaimers posted on your site and would need to make sure that the purchasers agree to an agreement which will contain all the disclaimers as well as other terms and conditions. This is typically done through a click wrap agreement. In addition, you should make a privacy policy available to users of your website. On the intellectual property front, you should review and consider filing for copyrights and/or trademarks any copy, names, designs, color schemes, etc.

As a side note, don't forget to incorporate and operate the business as a company rather than as an individual. Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (at) TheLegalist (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.


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Answered on 5/09/11, 7:39 am


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