Tag Archives: Cyber Attorney

Website Documents

Internet Contracts Lawyer

Our Internet Contracts Law attorneys assist clients in preparing, negotiating, interpreting, and litigating Internet contracts.  With our unique business and technical qualifications, we can provide you with a business and technical perspective to assist your decision-making process.

Contractual issues that are not properly managed can cost you.  Whether you need expert legal advice regarding affiliate marketing agreements, website development contracts, terms of use, privacy policy. or any other website documents and contracts, our attorneys can provide you with Internet Law legal advice.

Commercial Email SPAM

Commercial Email, SPAM, and the CAN-SPAM Act

Our Internet Lawyers frequently handle matters related to Internet Spam Laws and the CAN-SPAM Act. We frequently encounter this scenario: A business is interested in sending legally compliant commercial email. Or perhaps, a business’ servers are working at a snail’s pace and your IT staff is working overtime to control the bombardment of unsolicited bulk emails.

It is very important to seek the assistance of an attorney who understands the legal implications and ramifications of spam laws, the most important of which is that CAN-SPAM Act.

The CAN-SPAM Act is codified under 15 U.S.C. § 7701-7713. Contrary to the belief of many, the CAN-SPAM Act does not prohibit sending spam emails. Instead, it imposes certain requirements. These mandatory requirements include the use of accurate email subject lines and transmission information, opt-out procedures where recipients can elect not to receive additional emails from the sender, mandatory time frames for the removal of users who elect to opt-out, and a prohibition of improper email harvesting.

But, what happens when a sender complies with all the requirements of CAN-SPAM? Can an ISP still refuse to deliver compliant email messages to the intended recipients?

Non-compliance with CAN-SPAM will probably result in criminal prosecution under SPAM laws and other cyber crime laws, but compliance does not guarantee that an overzealous ISP will deliver the legally compliant emails to its intended recipients.

Our attorneys understand Spam Laws and the CAN-SPAM Act. If you or your business needs the advice of a spam attorney, we are ready to assist you.  We frequently advise businesses to structure their commercial email campaign in a manner that adequately manages business risk and limits business liability.  We frequently deal with all civil and criminal aspects of commercial bulk email, for example:

  • A business requests the services of an Internet lawyer with CAN-SPAM compliance understanding to make sure that its commercial email campaign is properly implemented.
  • An individual receives a cease and desist letter from an attorney accusing him of sending illegal spam emails and demanding a large amount of monetary damages.  The cease and desist letter also threatens civil and criminal prosecution.  A commercial email spam defense lawyer evaluates the situation and responds to the baseless allegations of sending illegal commercial email.
  • An individual faces criminal charges alleging that he sent thousands of spam email in violation of state and federal law.  A spam email defense attorney analyzes the electronic evidence and forensic records to build an effective defense.

Contact Us For a Free Internet Law Consultation

Domain Names

Domain Name Dispute Lawyer

Our domain name lawyers assist our clients with issues pertaining to domain name laws. The laws applying to domain name issues and domain name disputes are specialized and it is best to get advice from an experienced domain name lawyer. As domain name attorneys, we regularly advise our clients about complex domain name issues. Some of these include:

The Truth in Domain Names Act – This act forbids the use of a misleading domain name to: 1) trick a person into viewing content that is obscene; or 2) trick a minor into viewing material that is harmful to minors. Our Internet lawyers and domain name attorneys are there to assist you should you have legal problems with the authorities, your domain name registrar, or your affiliates.

Trademark Infringement in Domain Names, Cybersquatting and the Anti-Cybersquatting Consumer Protection Act – A Cybersquatter is a person who registers a domain name in bad faith in violation of the rights of a trademark owner. The Anti-Cybersquatting Consumer Protection Act (ACPA) further protects trademark owners. An action under the ACPA requires a showing that a domain registrant had a “bad faith intent to profit” from the trademark owner’s trademark and that the registrant registered or used a domain name identical or confusingly similar to the trademark. Whether a cybersquatter has registered a domain name containing your trademark or whether you are accused of being a cybersquatter, our domain name lawyers and cybersquatting attorneys are prepared to defend your rights, protect your trademark, and assist you with all your Internet Law or Domain Name Law issues.

The Uniform Domain Name Dispute Resolution Policy (UDRP) – The UDRP is an arbitration process which provides an alternative to the filing of a lawsuit in order to facilitate the resolution of domain name disputes. To prevail in an UDRP proceeding, a complainant must prove that 1) the domain names are either identical or confusingly similar, 2) that the registrant has no legitimate interest in the name, and 3) that the registration and use of the domain name is in bad faith. The procedure is overseen by the Internet Corporation for Assigned Names and Numbers (ICANN). Effective UDRP legal representation requires the expertise of an effective and experienced domain name lawyer. Our domain name attorneys understand domain name law.

For example, recently we assisted a client who had build and maintained its trademarks for many years.  The trademark consisted of an original and creative name.  A corporation registered the domain name and was using it for an informational site containing advertisements for a competitor.

We are domain name lawyers, UDRP attorneys, cybersquatting lawyers, and domain name law consultants.

By Dom Rivera

Trademark Infringement

Internet Trademark Infringement

Businesses spend significant time and resources creating, marketing, and promoting their and logos as well as the names and logos of their products.  Attorney Domingo J. Rivera and the other Internet lawyers from our firm understand that When a business creates a website, the logos and unique marks developed by the business are easily exposed for others to download, use, and in many cases utilize to compete against the owner of the trademark or trade name.

Similarly, cybersquatters may register domain names containing a business’ trade name or trademark. These domain name cybersquatters may intend to profit from the brand recognition, create customer confusion to promote competing products, or simply want to sell the domain name to the trademark owner for a profit.

In addition to trademark infringement in domain name registration, online trademark infringement occurs frequently in domain name registration, meta tags, and keyword search advertising. As your online trademark infringement lawyers, we provide you advice on how to protect your Intellectual Property against all Internet based trademark infringement.  Some instances of Internet trademark infringement include:

Trademark Infringement in Domain Names, Cybersquatting, and Cyber-piracy – Internet trademark infringement may occur as a result of the registration of a domain name in violation of the rights of a trademark owner.  Our trademark infringement attorneys can assist you in protecting your trademark rights from cybersquatters and cyber-pirates and can also assist you in recovering your domain name.

Trademark Infringement in Meta Tags – What happens when a website owner uses another entity’s trademarks as meta tags? Is it trademark infringement? We frequently handle issues of Internet trademark infringement resulting from the use of a trademark as a meta tag. A trademark infringement attorney with our firm will assist you in evaluating the situation and stopping the infringing conduct.

Trademark Infringement in Keyword Search Advertising – Web searches are the primary method used for finding goods and services on the Internet. Therefore, online keyword advertising is a very popular and effective method of Internet advertisement. Can a business use its competitor’s name and/or trademark as a search keyword without engaging in online trademark infringement? An Internet trademark infringement can evaluate your particular situation and provide you with sound trademark infringement advice and stop the infringement against your trademark.

Our Internet trademark infringement attorneys assist our clients in stopping Internet trademark infringement and cybersquatting.  We frequently deal with Internet trademark infringement issues, for example:

  • A competitor registered a domain name containing a business’ federally registered trademark.  Intervention from an Internet trademark infringement and cybersquatting attorney is required to keep the competitor from stealing the business’ Internet traffic.
  • A competitor utilized a registered trademark as an Internet search engine keyword.  The assistance of a trademark infringement attorney is necessary to keep the competitor from obtaining Internet traffic rightfully belonging to the trademark owner.
  • A business receives a cease and desist letter accusing it of Internet trademark infringement.  The trademark in question is not unique and should have never qualified for trademark protection in the first place.  An Internet trademark lawyer intervenes to stop the bullying and idle threats of litigation against the business.
  • Our client was the owner of a trademark for a product that the corporation sold online.  A prospective competitor initiated a campaign of using our client’s trademark to falsely criticize the effectiveness of the product in the eve of launching a competing commercial product.
  • A business’ website is removed from the major search engines as a result of false accusations of trademark infringement.  Prompt action is required to secure the survival of the business.

When you need the services of an Internet trademark infringement attorney, Internet trademark lawyer, cyber squatting lawyer, cyber-piracy legal practitioner… we understand Internet trademark law.