Legal Question in Intellectual Property in California

I would like to build a new website and need legal advice

Hello,

I have a concept for a pay per lead website. I have never been in the ''dot com'' business and am lost. I bought a domain name and have been talking with web designers, but before I get too deep, I need some legal advice. Do attourneys usually write the ''terms of use'' sections for websites? What about the privacy statement. Is there a standard? what will it cost to trademark my name and copywrite the site? Should I be dealing with a local attourney that I can meet face to face, or is over the internet okay? Basically Im trying to form a budget for this project and I have no idea what the legal aspect is going to cost me. Obviously, I want to protect myself from any liability concerning issues that come up with my customers once they contact each other through my leads but I don't even know where to begin. Any help would be much appreciated!


Asked on 3/31/07, 1:27 am

5 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: I would like to build a new website and need legal advice

You are very wise to address these type of legal issues PRIOR to getting too involved with the actual application your idea. However, you are asking far too many questions to be answered effectively for this type of forum. You should either re-submit your question(s) in a more concise format, or retain legal counsel to go over everything with you for an hour or two initially, so you will have complete peace of legal mind before proceeding.

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Answered on 3/31/07, 1:30 am

Re: I would like to build a new website and need legal advice

Yes, attorneys usually draft terms of use and privacy policies. Usually a couple of hours each of attorney time.

U.S. trademark application fees are approximately $350 per class of goods or services per mark. Attorney time from an experienced intellectual property time averages perhaps 2 hours per application.

U.S. copyright application fees are generally under $50.00, with a couple of hours attorney time.

Follow up varies, depending, for example, on whether or not the U.S Patent and Trademark Office disputes the applicant's seniority in the trademark.

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Answered on 3/31/07, 2:18 am
Timothy J. Walton Internet Attorney

Re: I would like to build a new website and need legal advice

Attorneys usually write the terms of service that will hold up in court (also known as "TOS" or "AUP" for acceptable use policy).

Privacy statements are mandated by California law if the site takes credit cards.

I do not believe that you must meet your attorney face to face. I have a few clients that I have helped over email and/or the telephone.

My usual rate for creating a TOS, privacy statement, copyright notice, refund policy (also required if taking credit cards), and clickwrap agreement (which is the contract of sale over e-commerce) runs between $1500 and $2000 if I charge by the hour. I sometimes also offer flat rates for specific projects.

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Answered on 3/31/07, 2:20 am
Amy Ghosh Law Offices of Amy Ghosh

Re: I would like to build a new website and need legal advice

For terms & condition, etc. should be drafted byan attorney and it should not cost you more than $750. For copyright it should be around the same but trademark can cost you up to $2000 or so. So, With a $3500 bidget you can get all of those done.

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Answered on 3/31/07, 11:15 am
Amy Ghosh Law Offices of Amy Ghosh

Re: I would like to build a new website and need legal advice

For terms & condition, etc. should be drafted byan attorney and it should not cost you more than $750. For copyright it should be around the same but trademark can cost you up to $2000 or so. So, With a $3500 budget you can get all of those done.

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Answered on 3/31/07, 11:15 am


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