Legal Question in Technology Law in Illinois

Website to take business away from bookstores

I am setting up a web page for students at the university I attend to post their books for other students to purchase. (My reasoning for doing so is that the two bookstores on campus have been ripping students off semester after semester by charging $100 for a used book, buying it back for $15, and then selling it again for $100 to another student).

I'm wondering whether there are any legal issues I need to consider, and also what type of disclaimer I should put on the site. I do not want to buy the books or have anything to do with the exchanges, just provide a medium for the students to post books and view the available books.

I'm concerned that the bookstores will find a way to take legal action against me for taking away from their business. Is this possible? Also, what issues should I address in my disclaimer?

Thanks for your time!


Asked on 6/15/01, 11:50 am

3 Answers from Attorneys

Kevin Thompson Davis McGrath LLC

Re: Website to take business away from bookstores

Hello,

It appears you are in need of more help than can be provided in an email reply. A disclaimer would be a good start. If you are located in the Chicago, Illinois area please feel free to contact me if you would like more assistance than I can provide here.

Thanks,

Kevin Thompson

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Answered on 6/28/01, 1:41 pm
Bruce Burdick Burdick Law Firm

Re: Website to take business away from bookstores

I disagree with the prior post by attorney Thompson, who appears to be looking for business rather than giving advice.

I think your proposed book listing site is not a problem legally, provided you put a disclaimer that says what your posting says--i.e. that you do not get directly involved in the exchange, and merely serve as a listing source. You are not much different in that regard than the classified section of the campus newsletter or local town newspaper.

The legal issues you probably have to address are domain name protection, trademark protection, possible patent protection (doubtful unless you have a uniques business approach to this), listing contract language, and the disclaimer. These needs probably mean you should see an intellectual property lawyer, whether me or someone else, to be sure those are protected properly. Also, you need to see a business start-up lawyer to address business entity formation issues if this becomes more than a minor business for you.

Sounds like a good service for students. Congratulations on your initiative.

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Answered on 6/28/01, 5:26 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Website to take business away from bookstores

I've been a bit behind in responding to the inquiries, so I apologize for the delay. I merely wanted to echo the comments made by attorney Burdick, including, unfortunately, those regarding attorney Thompson.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; 312-648-1700

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Answered on 8/24/01, 7:13 pm


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