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I am starting an internet business and have a few questions.

Its an auction website that I have not encountered online before. It is not gambling at all, the winner of the auction is just like any other auction website winner : the last bidder. Are there any specific things to an auction that may be deemed illegal? Its similar to an organized raffle which is not random. Customers pay for bid tickets, and the last person to submit a ticket on an item before the timer runs out wins the item. Is this legal? I do not wish to post the exact details of the business here on this forum for fear of someone stealing the idea, so that brings on a new question. Can I copyright a business model so no one else can use it?
I also need a terms and conditions form written, how much does one cost?

Additional information
Are there any IP lawyers on this website that may be able to give advice on this matter?
Also, a good example of the type of auction site i am creating is very similar to a Penny Auction. Are there specific laws prohibiting penny auctions in California? Ive been searching online and haven't found any laws, but notice quite a few penny auction sites.
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Attorney answers (3)

Reputation Level 18
Terminology is very important. I'm not at all sure that what you've described is an "auction."

There is no getting around the requirement that you have to buy some time with a business attorney licensed to practice in California. You simply cannot start a business that involves winning something by virtue of some element of chance (i.e., the timing aspect of the contestant's "bid") for which people have to pay to participate w/o having that process reviewed for compliance with gambling laws. Avvo answers are not sufficient.

FYI -- your business model may (or may not) be perfectly legal and, if it is legal, then it may be patentable -- not copyrightable. Though the rules that determine the patentablity of methods of doing business have very recently been tightened (considerably) there is still quite a lot of uncertainty in the law on that issue at the moment. The Supreme Court has taken up the issue this term to address the matter but in the meantime you ought to speak with a patent attorney if you think your business model has not been tried before.

Good luck.
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Reputation Level 20
There are specific rules about operating "contests" in CA regarding disclosures, for example, in the CA Business & Profession Code, and a bond is requried for auctions under the CA Civil Code, so you should consult an IP lawyer to make sure what your planning to do contains the right combination of elements to follow the law.

The business model may be eligible for a business method patent, and since these take a long time to get and are quite complicated, you'll need an IP lawyer specializing in patent applications to help you with that.

The terms and conditions for this business really depend on how this business is structured, so is presuambly something the IP lawyer you consult can handle while dealing with the the first two issues.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Reputation Level 19
The process you are describing could trigger many different issues in many different jurisdictions, each with differing laws since the presentation will be worldwide. There are going to be two big issues but not the only ones:

1. Where to site the business so as to get the most favorable treatment;

2. keeping the credit card companies happy with your model since e-commerce depends on being able to accept payment.

For a consultation, contact me at:

Dr. Jonathan Levy
www.brimstoneandcompany.com
chambers@brimstoneandcompany.cpm
1-202-318-2406
3 people marked this answer as good

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