Legal Question in Intellectual Property in New York

I am a freelancer and have designed and programmed various websites including online stores. I have a bunch of stores that are designed, programmed and maintained by me but are hosted by and owned by other parties (my clients). I don't manage the content of those websites or the products that are offered or sold on them.

This is my concern: what if someone sells counterfeit products or presents content that infringes trademark laws through those websites. Could I also be held liable for designing, programming and maintaining such a website?

thank you


Asked on 10/22/12, 10:29 am

1 Answer from Attorneys
Michael Green Law Offices of Michael B. Green, Esq.

There is always a potential for being sued and while it would be somewhat likely that you would ultimately be relieved of any liability, you would still incur costs defending yourself. The best way to protect yourself (albeit not insulate yourself 100%) is to have a strong contract with your customers with several layers of protection. It's not very expensive to have an attorney draft a form contract for you and would be a miniscule investment compared to the substantial costs you would incur defending yourself without those protections. My office could prepare something for you for a relatively very low flat fee. michaelgreenesq AT gmail DOT com

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Answered on 10/24/12, 1:00 pm


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