Richard E. Peirce

Member

Overview

Rich Peirce focuses his practice on trademark, copyright, Internet, and e-commerce issues. These include issues related to Internet brand protection strategies, online brand disputes, content moderation and user generated content, online defamation and product disparagement disputes, search engine advertising, website linking, CAN-SPAM, copyright disputes and fair use, social media, false advertising, website policies and privacy, licensing, domain name disputes, and the FTC guidelines on the use of endorsements and testimonials in advertising.

Rich is an adjunct professor of law at Temple University School of Law, where he teaches Law of Electronic Commerce and Advertising and Marketing Law.

Representative Matters

Internet brand protection strategies for new and existing businesses, products, and/or services.
Online brand management and disputes on user-generated content sites such as Wikipedia.
Online defamation and product disparagement disputes, including issues with anonymous postings.
Search engine advertising issues, including those involving the purchase and use of search engine keywords.
Legal issues with website linking, including proper use of marks and logos.
CAN-SPAM issues with email.
Unauthorized use of clients’ copyrighted material (photographs, marketing materials, etc.) online and how best to remove such materials.
Misuse of clients’ brands on social media sites such as Facebook and Twitter.
Brand, counterfeiting, and false advertising disputes on e-commerce sites such as Amazon.com.
Company social media use policies for employees.
Website terms of use, privacy, and other related website policies, including rules for managing user generated content and other blogging functions.
Intellectual property licenses and assignments, including those involving trademarks, copyright, and domain names.
Anonymous negotiation and acquisition of domain names.
Domain name cybersquatting disputes and litigation, including those under the Uniform Domain Name Dispute Resolution Policy.
Trademark and copyright fair use issues, including parody and comparative advertising issues.
Federal Trade Commission guidelines on use of endorsements and testimonials in advertising.
Trademark, copyright, and unfair competition litigation.
Trademark clearance and prosecution, including in foreign countries.
Software license issues, including use of open source software.

Professional Affiliations

Pennsylvania Bar Association
New Jersey Bar Association
American Bar Association
ALM Internet Law & Strategy, Board of Editors
Temple University, Adjunct Professor

Awards and Recognition:

Selected for inclusion in The Best Lawyers in America 2024 for Trademark Law
Selected for inclusion in Pennsylvania Super Lawyers – Rising Star
Selected for inclusion in Chambers USA America’s Leading Lawyers in Business for Intellectual Property
Selected for inclusion in World Trademark Review magazine’s WTR 1000 (Pennsylvania)

News and Insights

Publications

“Supreme Court’s Opinion in Booking.com Case Suggests Trademark Registration May be Available for Certain Generic.com Marks,” Eckert Seamans’ Intellectual Property Alert July 15, 2020.
“Coronavirus Pandemic and Social Media,” Eckert Seamans’ Legal Update, March 30, 2020.
“Six Strikes and…well…it depends…The Copyright Alert System,” Eckert Seamans’ Legal Update, Winter 2014.
“Generic top level domains and rights protection mechanisms,” Eckert Seamans’ Legal Update, Spring 2013.
“Online International Trademark Issues: Some Practical Considerations,” Law Journal Newsletters Internet Law & Strategy, January 2012.
“Social Media in the Workplace,” Electronic Commerce & Law Report, BNA, Inc., April 21, 2010.
“Crafting Corporate Social Media Policies: Striking the Right Balance Between Marketing Boon and Company Liability,” The BNA Electronic Commerce & Law Report, April 2010.
“Keeping Up with On-Line Brand and Other Related Scam,” ALM Internet Law & Strategy, September 2008.

Media Coverage

“Tech Giants Face Lawsuit From Victims Of Terrorist Attack,” KYW Newsradio 1060 in Philadelphia, May 12, 2017.
“Fyre Festival Controversy Still Burning– New Lawsuit Takes On Social Media Endorsements,” KYW Newsradio 1060 in Philadelphia, May 10, 2017.
“Playboy Playmate Could Face Charges for Body-Shaming Snapchat Post,” KYW Newsradio 1060 in Philadelphia, September 7, 2016.
“Could Sharing Your Netflix Password Make You A Federal Criminal?” KYW Newsradio 1060 in Philadelphia, July 12, 2016.
“Second Circuit Revives Copyright Case Against Google, YouTube,” ALM’s Entertainment Law & Finance and Internet Law & Strategy, May 1, 2012.
“Facebook’s New ‘Community Pages’ Could Muddle How Consumers Find Brand’s Pages,” BNA’s Patent, Trademark & Copyright Journal, August 2010.

Speaking Engagements

“Advertising and Marketing on the Internet: Dos and Don’ts,” Eckert Seamans’ Legal Primer Virtual CLE (Part 2), August 3, 2021. (recording)
“Protecting Your Intellectual Property,” presenter, Academy of Nutrition and Dietetics town hall webinar, April 2021.
“Social Media, IP, and the Pandemic: What Has Changed?” co-presented at PBI’s 2020 Business Law Institute, November 2020.
“Intellectual Property Rights : Liberty, Ethics, and the Pursuit of Legal Protection,” presented to the Academy of Nutrition and Dietetics at their Food & Nutrition Conference & Expo, October 2019.
“Content Takedowns: Controlling Content in Social Media and on Corporate Websites,” presenter, American Intellectual Property Law Association Annual Spring Meeting, May 2019.
“Social Media: Brand and Marketing Risks in 2018,” presenter, Eckert Seamans’ Continuing Legal Education Seminar, August 2018.
“World of Trolls” Where Dangers Lurk” co-presented at PBI’s 2017 Business Law Institute program, November 2017.
“Not All Fun and Games: Running Online Promotions,” presenter, PBI Business Law Institute, November 16, 2016.
“Drafting Cease and Desist Letters in the Age of the Streisand Effect,” co-presenter, Clear Law Institute webinar, September 26, 2016.
“Analyzing Intellectual Property Licenses and Avoiding Pitfalls,” Business Lawyers Institute, PBI, November 2015.
“Contractual Issues with Online Agreements,” 2014 Technology Institute, Pennsylvania Bar Institute (PBI), June 2014.
“Making Sense of Fair Use,” Intellectual Property Law Institute, PBI, April 2014.
“Hot Issues in Social Media — Handling Gripe Content,” co-presenter, 19th Annual Business Lawyer’s Institute, PBI, November 2013.
“Fair Use or Foul: Copyrights, Trademarks, Social Media & Universities,” co-presenter, 2013 NAICUSE-SNIN Research Conference, September 2013.
“Cyber Smearing – Someone Is Not Playing Nice on the Internet,” Eckert Seamans’ Continuing Legal Education (CLE), August 2013.
“Defamation and Online Reviews,” Philadelphia Legal Secretaries Association, April 2013.
“Social Media and IP,” Intellectual Property Committee CLE, PBI, March 2013.
“Internet Privacy and Emerging Issues Relating to Online and New Media Enforcement,” Roundtable Discussion for the International Trademark Association, September 2011.
“Copyrights for Non-Specialists,” ALI-ABA video seminar, March 2011.
“Recognizing and Handling Online Fraud & Scams Using Company IP,” ALM Internet Law & Strategy, December 2010.
“The Impact of Social Networking Sites on e-Commerce,” e-Commerce: Legal and Practical Issues, PBI, December 2010.
“Recognizing and Handling Online Fraud & Scams Using Company IP,” co-presenter, 16th Annual Business Lawyers’ Institute, PBI, November 2010.
Guest Lecturer, Temple Law School E-Commerce Law Class, April 2010.
“IP Pitfalls in Doing Business Outside the U.S.,” co-presenter, Business Lawyers Institute, November 2009.
“Cybersquatting and Other Online Brand Related Scams and Frauds,” Eckert Seamans’ CLE, August 2008.
“Frauds, Scam and Squatters,” Hot Topics in Internet Law for Business Lawyers, ALI-ABA, June 2008.