Peter T. Wakiyama

Peter T. Wakiyama is a partner in the Intellectual Property Practice Group of Pepper Hamilton LLP, resident in the Philadelphia office. Mr. Wakiyama focuses his practice on intellectual property and technology law including intellectual property and information technology transactions; general counseling, protection, enforcement and commercialization of intellectual property rights; Internet and e-commerce matters; and entertainment and the arts.

Prior to joining Pepper, Mr. Wakiyama was a partner in the Intellectual Property and Information Technology Practice Group at WolfBlock in Philadelphia. Prior to commencing his law practice in 1995, Mr. Wakiyama worked in the technology industry, serving as a senior technical analyst with PRC (now part of Northrop Grumman). At PRC, he worked with leading edge technologies in support of the development of information systems for government clients.

Mr. Wakiyama represents a wide range of domestic and international clients across many industries, including software, Internet/e-commerce, telecommunications, cable television, entertainment, financial services, manufacturing, fashion, retail, health care, consumer packaged goods, packaging, food and beverage, education, hospitality and real estate. In addition to representing established companies, Mr. Wakiyama regularly represents entrepreneurs, start-up companies and emerging growth companies on a wide range of matters.

Mr. Wakiyama’s specific areas of experience include the following:

• IP and Technology Transactions - transactional practice involves a wide range of transactions, including licensing, development, asset purchases, strategic alliances, support/maintenance, source code escrow, supply and distribution, merchandizing, manufacturing, outsourcing, Software as a Service (SaaS), application service provider (ASP), voice and data services, computer and telecommunications hardware and devices, professional and technical consulting services, and marketing and advertising
• IP Protection - intellectual property practice focuses on general counseling on a wide range of intellectual property matters, as well as the protection, enforcement and commercialization of trademarks, copyrights, trade secrets and domain names
• Internet and E-Commerce - counsels clients on a wide range of matters involving the Internet and e-commerce, including data privacy and security, publicity, Web site development and maintenance, Web site hosting, Web site terms and conditions, click-wrap agreements, content publishing, protection of Web site intellectual property rights, domain names, keyword advertising trademark issues, marketing and promotions, advertising and online social media
• Entertainment and Arts - counsels clients on matters involving author and artist rights, authorship agreements, publishing and agency agreements, licensing and distribution, documentary production agreements, rights clearances and releases.

Recent representative matters include:

Transactions

• outsourcing agreement for the hosting of multiple B2B and B2C Web sites and data bases for a global manufacturer of diverse consumer and industrial products
• strategic alliance agreement for the licensing and development of an Internet widget-based software application for use by a telecommunications provider
• software license and services agreement for the management of commercial real estate assets by the manager of urban multi-resident properties
• strategic alliance agreement for the licensing and co-marketing of cross-border K-12 online distance learning programs
• co-marketing and trademark license agreement between a charitable health care foundation and a jewelry retailer
• license and e-commerce distribution agreement between a retailer and a supplier of professional sports branded apparel and other merchandise
• outsourcing agreement for the processing of payroll and tax forms processing for a home health care personnel provider
• trademark license and distribution agreement for the co-branding of fashion-oriented bath and home products
• data feed license and advertising agreement between an international retailer and an Internet shopping portal
• gift card and debit card agreement between a regional supermarket and a network service provider
• asset purchase agreement for the sale of medical imagery scanning device technology
• outsourcing agreement for employee benefits enrollment and benefits maintenance
• licensing and distribution agreements for a nutraceuticals manufacturer.

• legal review of B2C Web sites for manufacturer of high performance fabrics
• counseling of automotive parts supplier with respect to various software contract issues and e-commerce development strategic issues
• counseling of B2B e-commerce provider concerning a dispute with a vendor over licensing terms for CPUs involving multi-core processors
• representation of a telecommunications company in various ecosystem consortium matters, including content, device and distribution agreements for the distribution of digital entertainment content
• advise global manufacturer on how to address misleading Wikipedia entries for manufacturer’s brands
• advise mental health counseling services provider on how to address false and misleading business reviews posted on various Internet business review sites
• Web site privacy counseling and privacy policy for manufacturer of paving materials
• Web site privacy policy and terms of use for provider of home health care professionals
• contract review and general counseling for the implementation of online social media tools by global manufacturer of consumer and industrial products
• advise national testing board on contract, data privacy and data security issues relating to the implementation and administration of online testing technology.

• evaluation of strategic documentation for a financial services provider for the purpose of assessing intellectual property rights and recommending protection and enforcement steps
• advise regional health care provider concerning copyright compliance matters, including development of workplace policies
• advise public relations agency concerning copyright issues arising from the use of news media coverage in print and electronic forms; provide copyright policies, training and education
• trademark searches, applications, prosecution and portfolio management for clients across multiple industries including: perfume and cosmetics manufacturer, bath and home products manufacturer, insurance brokerage services, fashion design and fashion retail, luxury home builder, cable and wire manufacturer, beverage distributor, and health care services provider
• advise neurology medical practice concerning intellectual property rights under license agreements for video technology
• intellectual property due diligence and analysis concerning the introduction of new products by a bath and home products manufacturer.

Mr. Wakiyama’s recent articles and speaking engagements include:

• “Branding Strategies” panelist, Early Stage East Venture Conference (June 16, 2010)
• “New Technologies: Cloud Computing, Web 2.0, and Business Policies” panelist, LaSalle University iT Leadership Series (May 18, 2010)
• “Facebook, Twitter & Blogging…Oh MySpace! Legal Issues With Social Networking Sites,” Pennsylvania Bar Institute Seminar (November 10, 2009)
• “Facebook Vanity URLs May Hurt More Than Just One’s Pride” co-author, Intellectual Property & Technology Law Journal (September 2009)
• “Web site Privacy Policies: Beware Of Encumbrances On Use Of Customer Information” co-author, Metropolitan Corporate Counsel (October 2006).

Mr. Wakiyama is a member of several organizations, including the Philadelphia Intellectual Property Law Association, iTech Law Association (formerly the Computer Law Association), The Benjamin Franklin American Inn of Court and the Asian American Bar Association of the Delaware Valley.

Mr. Wakiyama has served as an executive committee member of the Asian American Bar Association of the Delaware Valley. He has served as a moderator for the intellectual property panel at the Northeast Regional Conference of the National Asian Pacific American Bar Association and has been a presenter on trademark topics at Philadelphia Intellectual Property Law Association meetings. He has served as an adjunct member of the faculty of LaSalle University, where he has taught e-commerce law to students in LaSalle’s executive MBA program.

Education
B.A. 1988, cum laude, LaSalle University
J.D. 1995, cum laude, Temple University School of Law

Bar Admissions
Admitted to practice in Pennsylvania