Legal Question in Intellectual Property in New York

Dear Lawgurus,

I am a startup for a local community website. Can anyone kindly review my TOS and Privacy Policy without charge?

These terms are for a new site that I will be launching. An intro to the new launch and the terms can be found here at: www.queensmetro.com. My main concern is coherency and if I'm missing anything important. If you would like to review the site that will be launching to better review the terms, you can email me at: queensmetro[A-T]gmail[D-0-T]C0M

A few of my specific concerns are:

1) Do I create more liability for myself when I require users to submit their full name when registering and to use their full name to identify their postings?

2) Does it make sense to use SmartWish LLC in the Terms or should I just stick with QueensMetro.com

I appreciate any full or partial help. Thank you!


Asked on 8/19/09, 1:25 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I doubt you will find an attorney who will review, edit, and sign-off on your TOS and Privacy Policy without charge. This is not because we are all greedy thieves. This is because for an attorney to tell you it is okay and give you a legal opinion succepts the attorney to liability if anything does go wrong. For that, we have very expensive malpractice insurance coverage, the cost of which we pass on to our clients.

1. Probably not, especially if disclaimed, but one would need to review all the circumstances to be sure.

2. This is mainly a business and marketing question. However, before naming any business or service or product, one should have the name checked by an IP attorney. Again, the IP attorney is responsible for signing-off on a name (e.g. giving an opinion that the name is not confusingly similar to another already in use, then finding out later that you are being sued for trademark infringement -- oops).

Please retain an attorney to help you. The best way to get a bargain rate is usually a flat fee versus a per-hour fee.

Good luck to you.

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Answered on 8/25/09, 7:50 am


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