Internet Law – Rivera Law Group

Trademark Infringement in Keyword Search Advertisement

Trademark Infringement in Keyword Search Advertisement

Web searches are the primary method used for finding goods and services on the Internet. Businesses frequently compete for the best search engine positions. Some may try to use a competitor’s name or the name of the competitor’s product as a keyword for keyword search advertisement purposes. As your online trademark infringement lawyers, we provide you advice on how to protect your Intellectual Property against all Internet based trademark infringement, particularly trademark infringement arising from a keyword search advertisement campaign.

Can a business use its competitor’s name and/or trademark as a search keyword without engaging in online trademark infringement?

A trademark infringement lawyer with our firm will assist you in determining whether a business’ use of a trademark, trade name, or products as a search engine keyword qualifies as Internet trademark infringement. We diligently assist our clients in the prosecution of those who infringe on your trademarks online.

If you have been accused of Internet trademark infringement or if your website has been removed from search engine listings based on a claim of trademark infringement, we can assist you in protecting your rights against the claims asserted by a competitor, perhaps through a cease and desist letter by an intellectual property and trademark infringement attorney or through formal legal action. It is our job to explain the benefits and drawbacks of specific strategies, it is yours to decide which one to choose, based on your needs, the costs of each alternative, and a sound risk/reward analysis.

Uniform Domain Name Dispute Resolution

Uniform Domain Name Dispute Resolution Policy- UDRP Arbitration

The Uniform Domain Name Dispute Resolution Policy, also known as UDRP is an arbitration process that may be used for resolving domain name disputes without the need to file a domain name dispute lawsuit. The UDRP procedure is overseen by the Internet Corporation for Assigned Names and Numbers (ICANN).

The UDRP is a very useful tool. Trademark owners and others asserting an ownership interest in a domain name can us use the proceeding to obtain or recover a domain name. Many UDRP decisions result from domain name disputes when someone has registered a domain name that allegedly infringes on a trademark.

UDRP arbitration is also useful when someone registers a domain that is confusingly similar to another’s domain name, trademark, or trade name. To prevail in an UDRP domain name dispute proceeding, the 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.

Our UDRP attorneys provide legal consultatuion for all issues related to UDRP proceedings.

Texas Computer Crimes

Texas Computer Crime Laws TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 33. COMPUTER CRIMES Sec. 33.01.  DEFINITIONS.  In this chapter: (1)  ”Access” means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system. (2)  ”Aggregate [...]