LJN Newsletters

CDA Immunity Not Applicable To Allegedly Misleading Auction Safety Statements
Copying Web Site Page for Consumer Gripe Site Is Deemed Fair Use
Famous Trademark Parody on Goods Without Consumer Confusion No Infringement

e-Commerce, like traditional commerce, relies on contracts. But unlike traditional commerce, e-commerce typically relies utterly on agreements drafted and presented by one party on a 'take-it-or-leave-it' basis. The validity of such contracts arises from the recipient's 'adherence' to the terms given. These so-called adhesion contracts are enforceable, except to the extent that a court finds a term unconscionable.

The typical e-commerce 'Terms and Conditions,' the electronic equivalent of the fine-print contract that governs use of a sales Web site, creates such an unfriendly shopping environment that it makes the legendary 'No soup for you!' restaurant of the television situation comedy Seinfeld seem like the Welcome Wagon. Although I have often written about how the law affecting e-commerce firms ordinarily follows traditional law, the common e-commerce contract stands in stark contrast. Consider the following clauses from actual online agreements obtained in April and May ' and whether you have ever seen anything comparable in any real-world store, much less these Web stores' real-world affiliates.

Who's doing what; who's moving where.

The latest news from the franchising world.

Recent rulings of interest to you and your practice.

A franchisor of tax preparation franchises was entitled to a 24-month injunction beginning from the time of the former franchisee's compliance with a non-competition covenant. Jackson Hewitt Inc. v. Childress, Bus. Franchise Guide (CCH) ' 13,849 (D. N.J., Jan. 22, 2008). The permanent injunction was ordered when the court granted the plaintiff franchisor's motion for summary judgment.

Perhaps you've heard: On Jan. 23, 2007, the Federal Trade Commission adopted the comprehensively revised FTC Franchise Rule ('The Amended Rule') and released the 'Statement of Basis and Purpose' ('SBP'), which clarified the Amended Rule's requirements and prohibitions. Compliance with the Amended Rule has been optional since July 1, 2007, and became mandatory on July 1, 2008.