Internet and E-commerce Law

Businesses and individuals with an e-commerce and Internet presence have to deal with numerous laws and challenges concerning copyright, trademark, privacy, competition, and contracts. We assist in navigating through these various legal areas so that your business can succeed with the minimal disturbance possible.

By using our various areas of experience and expertise, we provide the following types of services to clients in the e-commerce and Internet space:


We have experience recovering domain names and other intellectual property rights from “squatters” who have attempted to profit off our clients’ goodwill and trademarks. Please feel free to contact us if you think you may have a cybersquatting problem.

E-Commerce Services

Companies and individuals who sell over the Internet must comply with intellectual property and advertising laws as well as several web-specific regulations based not only in the U.S. but abroad as well. Further, hosting customer testimonials on websites can have legal consequences; Internet laws vary significantly. Also, linking to third-party websites can further complicate legal issues related to business practices or terms of use policies.

Amazon Marketplace and Amazon Sellers Representation

With the ubiquity of Amazon in today’s marketplace, critical issues have arisen for both owners of IP rights as well as for Amazon sellers. We help clients stop unauthorized sellers by removing products and enforcing IP rights against competitors and counterfeiters who infringe on your IP rights or seek to trade off your goodwill. Using intellectual property law, including trademark, copyrights, and patents, we can help Amazon sellers protect their sales.

We also help clients remove their suspensions from their Amazon Seller Accounts to help them get back on their way to sell their products. Finally, we can resolve disputes between manufacturers and sellers concerning IMAP or MAP pricing.

IMAP or MAP Pricing Disputes

An Internet Minimum Advertised Price Policy (MAP or IMAPP—in the case of Internet pricing) is a minimum advertising sales price policy that a manufacturer-seller places on the goods to which all retailers or resellers must agree. The MAP is not itself a law but is a contract term between the manufacturer-seller and downstream reseller. Under the MAP terms, the reseller can advertise the product above the MAP but cannot advertise below the MAP. If the reseller advertises a product below a set price, the reseller can incur penalties. These penalties usually involve consequences ranging from the manufacturer denying promotional support (such as cooperative advertising) to terminating the contract between the manufacturer and reseller.

MAP policies can support competition while at the same time helping the manufacturer but have to be carefully drafted. For example, if the contract is clear that the MAP’s purpose is to act as a vertical or horizontal price-fixing, there can be severe legal consequences.

Disputes involving MAP contract terms are usually litigated under a breach of contract theory. However, some manufacturers can sue for other claims such as unfair competition for actions relating to their MAP policies. On the other hand, resellers sometimes bring specific antitrust (anti-competition) and unfair competition claims against manufacturers if the MAP policy is not enforced equally or properly under state or federal law. These are serious claims that must be addressed by a qualified attorney.

There are even more issues that surround IMAP or MAP pricing. If you believe you have an IMAP issue, please contact us for a consultation.

Domain Name Acquisition Services

Domain name registrations have become primary corporate (and personal) forms of assets. Over 1 billion people actively use intellectual property, domain names, and social media handles as part of their brand development

The domain name acquisition process has developed such that domain name rights are bought, sold, and auctioned in “inventories.” Some domain names are purchased for as much as tens or even hundreds of thousands of U.S. dollars. However, some statistics show that only 10% of the currently registered domain names are in actual use. Investors and entrepreneurs who do not sell goods under the domain names own many registrations.

DMCA Compliance for Safe Harbor

Nardiello Law helps clients meet their online activity obligations under the Digital Millennium Copyright Act (DMCA). The DMCA is a part of the United States Copyright Act, which gives copyright owners protection and a “safe harbor” for content curators. Online service providers (OSPs) who provide web hosting, search engines, directories, blogging platforms, and other information will benefit from the DMCA safe harbor.

There are two main parts to the DMCA: The “safe harbor” and the “takedown notice and procedure.” The safe harbor protects Online Service Providers and others related to them from liability for copyright infringement, as long as the business or individual is complying with the DMCA.

The DMCA was put into effect in 1998 to acknowledge copyright owners’ concerns about user-generated content. User-generated content is text, photos, music, or videos uploaded by others, which can violate the copyright owner’s rights. The DMCA balances the website owners’ interests, who want to permit users to post content without them being liable for the copyright infringement, with the copyright owners who do not want their content copied. The DMCA carved out an exception for these middlemen, having copyright law protect online service providers (“OSPs”) from liability involving disputes among copyright owners and Internet users who post infringing content. The condition is that the OSPs must meet specific requirements or elements under the law to have this immunity. The DMCA “safe harbor” provides immunity to copyright infringement claims if the OSPs promptly remove or block access to the infringing content after receiving the copyright owners’ proper written notice.

Online Reputation Management Services

Nardiello Law provides online reputation management services to improve and maintain your business’s online reputation, which may have been harmed by inaccurate negative reviews or even by competitors who actively try to harm your business. If you believe you may have a possible reputation issue online, please contact us for a consultation.

Privacy Policies

As part of Nardiello Law’s Internet and e-Commerce Law Services, we provide counseling on developing, drafting, and litigation of website privacy policies in the United States.

A website privacy policy is a document that explains how your business collects, uses, stores, and discloses a customer’s or client’s data and personal information. Personal data can include name, address, email address, IP address, social security number, login information, credit card information, and other identifying information. In most cases, it is best to have an attorney draft the privacy policy.

Your business will have a legal obligation to include the correct content in the policy. Liability under federal law can result from an improperly worded policy. The Federal Trade Commission (FTC) can take action against your company based on “deception” if there is inaccurate information published in the privacy policy or the description of your privacy practices. Some states such as California require published privacy policies if a company will collect personal data. Furthermore, if you anticipate that citizens of the European Union will be visiting your website and you may be collecting certain information about them, you may also need to comply with the EU General Data Protection Regulation (the “GDPR”). The GDPR is a European Union data privacy law that can have jurisdiction over U.S. residents in particular circumstances. Penalties for violating the GDPR can be harsh. The best practice is to have an attorney draft your policy to reflect your organization’s specific data collection and privacy practices. Doing so will help you avoid lawsuits, FTC enforcement, or even GDRP enforcement through the European Commission Office (ECO).

As data collection practices become more sophisticated (and invasive), the policies will likely become more complex. Furthermore, as the individual U.S. states continue adopting data protection laws, like California, with its Consumer Privacy Act, there will probably be the need to have jurisdiction-specific terms in the policy itself.

Terms of Use Agreements

Nardiello Law provides counseling and drafting services for website Terms of Use (TOU) agreements. Sometimes also known as Terms of Service or Terms and Conditions provisions, these agreements define the legal relationship between the website or mobile app owner and its visitors. The TOU is separate from the Privacy Policy, which provides information to the website visitor about how personal information is shared. If drafted correctly, a TOU can lower the risk of liability for a user’s activities on the website and limit liability for potential damages sustained by website users due to the website’s technical issues. When drafting Terms of Use Agreements, we first understand the client’s business and the client’s particular needs to provide the most effective Terms of Use agreement possible.

E-Commerce Agreements

Nardiello Law provides strategic advice to its web-based business clients, including retailers, distributors, third-party sellers on marketplace websites, platform providers, tech startups, and entrepreneurs. Having an experienced e-commerce attorney is crucial to successfully create, administer, and enforce various Internet business contracts such as service agreements, client-facing agreements, vendor contracts, data security and data privacy agreements, and intellectual property agreements.

We have experience drafting business-to-business agreements (B2B) and business-to-consumer (B2C) contract for online businesses so that our clients avoid serious legal issues. With our background in intellectual property, internet law, and commercial litigation, we are especially well-suited to help our clients get off the ground, as well as to protect them from potential liability.

Because we have assisted clients in drafting and litigating a wide range of electronic commerce documents, we have a broad understanding of how e-commerce agreements operate in the real world while complying with numerous Internet laws.