Molly T. Eichten focuses her practice on the areas of trademark and copyright law as well as technology transactions including licensing, outsourcing, and software development and distribution. Molly has legal and technical experience in web-related issues, such as software development, e-commerce, domain names and social media.
Information Technology Law
Molly has substantial legal and business experience solving issues related to technology. Prior to law school, she worked in the IT field managing complex implementations of enterprise-wide software applications and corporate infrastructure projects.
As an attorney, she has represented buyers and sellers of IT services and technology involving mobile applications, Software as a Service platforms, client-server applications, APIs, private label solutions, WiFi, co-location, hosting and network services. She has substantial experience drafting online terms and conditions, privacy policies, master services agreements, software license agreements, and development and maintenance agreements.
- Represented a global franchisor to license in functionality to its mobile application for use within the franchise system and drafted agreements governing the licensor developing and supporting a customized version of the app, use of an API by the franchisor, use of the app by franchisees, and use of the app by consumer end users.
- Drafted and negotiated agreements for a national online retailer in its acquisition and transition to a different co-location and network services provider.
- Represented a start-up company that developed a Software as a Service platform for use by health care providers and drafted agreements governing use of the platform by customers, the start-up company’s provision of professional services to customers and use of subcontractors for development and hosting the platform.
- Negotiated sale of domain name with a sale price of over 1 million dollars.
- Negotiated enterprise software license agreement valued at 10 million dollars.
- Drafted form license and services agreements for mid-sized computer software company.
In the trademark aspects of her practice, Molly manages numerous global trademark portfolios and is actively involved in both the prosecution and enforcement sides of trademark practice. She advises clients in the search, clearance, and identification of core brands, ancillary brands and temporary brands and then works with clients to develop global strategies based on their characterization. Molly has represented clients before the Trademark Trial and Appeal Board and has managed opposition proceedings outside of the United States.
- Managed multi-country trademark opposition proceedings and drafted and negotiated a global trademark co-existence agreement.
- Created and executed a detailed strategy for a path to trademark registration of a mark consisting of commonly used terms.
- Leveraged a client’s prior use of its mark to successfully negotiate a settlement with another user of the same mark
- Successfully obtained U.S. trademark registration for a color mark.
- Managed several intellectual property aspects of the sale of a Fortune 500 company.
- Prevailed in a domain name proceeding on behalf of a client whose trademark was being used without authorization in a domain name.
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