Internet Lawyer – Rivera Law

Copyright Infringement

Internet Copyright Infringement

We have knowledge and experience in handling online copyright issues and Internet copyright disputes. Whether someone has copied the contents of your website, has posted your copyrighted photos, music, or other creative works or whether you receive a copyright infringement cease and desist notice or are served with a lawsuit, we can provide you with Internet law assistance. Attorney Domingo J. Rivera is a Computer Engineer with advanced knowledge in Internet technology. Mr. Rivera also has an M.B.A. and advanced experience in managing complex technology projects for the Department of Defense.

Many Internet copyright infringement disputes arise when someone copies website text or code from another website. The perpetrator may copy the entire website or parts of it. Effective handling of Internet copyright legal issues calls for the experience of an attorney who not only understands copyright laws, but who also understands Internet technology and Internet business competition.

As Internet copyright infringement attorneys, we understand the application of copyright laws to the Internet in order to swiftly and effectively shut down an infringing website or initiate appropriate Internet copyright infringement legal action. We can also assist you to restore your website if it has been shutdown because of allegations of Internet copyright infringement. We can advise you about the fair use and other applicable defenses.

We are also experienced in the interpretation and application of the U.S. Copyright Act, the Digital Millennium Copyright Act (DMCA), the Computer Fraud and Abuse Act, and the circumvention of copy prevention measures. In the Internet age, the circumvention of technical protection measures can be actionable, even in the absence of actual copyright infringement in the traditional sense. Criminal prosecutors who may not have the necessary proof to charge an individual with actual criminal copyright infringement may get around that by charging conspiracy to commit a crime (copyright infringement) instead. Under those circumstances, the prosecutor does not even have to prove actual infringement. Proving an agreement combined with an “overt act” is sufficient.

Some other important Internet copyright issues that we frequently encounter include:

Web Development Agreement copyright issues – Unless there is an agreement to the contrary, the creator of a website is the owner of the copyrightable elements of the website. These include the text, graphics, scripts, code, and the look and feel. In the absence of a well-written website development agreement, your developer will own the code developed for your website, and may even hold your website hostage or sue you for copyright infringement! Our online copyright attorneys are prepared to assist you with drafting website development contracts that adequately protect your rights.

Third-party posting copyright issues – You may be held legally liable for content posted by third-parties on your website. Our online copyright attorneys are experts in issues related to online copyright infringement, contributory copyright infringement and vicarious copyright infringement. Your cyber copyright lawyer from our firm can provide you advice on how to avoid liability online copyright infringement, contributory copyright infringement and vicarious copyright infringement.

Somebody stole the contents of your website – When this happens, you need an Internet lawyer who can provide you with a quick response to protect you online business from this serious type of copyright infringement. Whether the best approach to resolve your Internet copyright infringement matter is to issue a cease and desist notice, a Digital Millennium Copyright Act Takedown Notice, the filing of a lawsuit, other techniques, or a combination of tactics, our online copyright infringement lawyers can assist you in protecting one of your business’ most important assets: your business’ website.

Our Internet copyright infringement attorneys are experts in stopping Internet copyright infringement and protecting your intellectual property. We frequently deal with Internet copyright infringement issues, for example:

* A competitor copies the entirety of a business’ website, only changing the company’s name and contact information. Many customers are confused and believe that the businesses are somehow affiliated. Intervention from an Internet copyright infringement and intellectual property attorney is required to keep the competitor from continuing its intellectual property infringing conduct.
* Our client’s private copyrighted photos were posted on various amateur pornographic websites. The hosting company refused our client’s initial attempts to get the pictures removed from the website, necessitating our Internet lawyer assistance.
* We were retained by a client whose computer was hacked while he utilized a hotel’s wi-fi connection. The hacker stole his copyrighted photographs and videos and posted them into various websites, adversely affecting our client’s intellectual property rights, reputation and future Internet business plans.
* After competitor refuses to remove website contents unlawfully copied from a company’s website. The competitor argues that because the company did not register the contents, the website is not protected against the infringing conduct. The assistance of a copyright infringement attorney is necessary to stop the competitor from further infringement under its incorrect interpretation of copyright and intellectual property laws.
* A business receives a cease and desist letter accusing it of Internet copyright infringement. The contents allegedly infringed do not meet the requirements necessary to be entitled to copyright protection. An Internet copyright lawyer intervenes to stop the bullying and idle threats of litigation from the attorney sending the cease and desist letter.
* A business’ website is taken down as a result of false accusations of copyright infringement and DMCA website takedown demands. Prompt action is required to restore the website and secure the survival of the business.
* Our client was accused of being the leader of the most prolific Internet music piracy group in the world. The charge consisted of conspiracy to commit copyright Infringement. The charges were initially brought in the United States District Court for the Eastern District of Virginia located in Alexandria, Virginia. The trial took place in the United States District Court for the Southern District of Texas, located in Houston, Texas. Our client elected to have is case tried by a Federal Jury. Our technical knowledge assisted us in providing competent legal representation and bringing the case to a successful resolution. Read More…

Whether you are an Internet Service Provider or an individual or business who is the victim of online copyright infringement, or whether you are accused of online copyright infringement, our copyright attorneys specialized in Internet law can help.

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. 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.
* 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.

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.

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

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.

Computer Crimes

Internet Cyber Crime Defense

Our cybercrime defense lawyers are prepared to protect your rights if you are accused of an Internet crime. Some of the most common Cyber Crimes include:

* Identity Theft (including aggravated ID Theft)
* Internet sex crime
* Possession of Internet child pornography
* Solicitation of a minor via the Internet
* Computer hacking
* Computer cracking
* Unauthorized access to a computer network
* Violations of the Computer Fraud and Abuse Act
* Computer trespass
* Criminal Internet copyright infringement
* Cyber stalking
* SPAM and the CAN-SPAM Act

Most states have enacted Internet and computer crimes statutes, including among many others Virginia, California, New York, and Alabama. Many of these statutes not only provide for criminal prosecution but also for civil liability.

Our attorneys are aggressive computer crime defense legal practitioners. We frequently handle representation to those accused of Internet crimes. Some of the issues we encounter include:

* College student is accused of computer hacking, violation of the Computer Fraud and Abuse Act, computer trespass, computer fraud, and a long list of other computer crimes. A Virginia Cybercrime defense lawyer intervenes to clear up these computer crime accusations and allow the young man to continue his promising IT career.
* An individual faces computer trespass and hacking/unauthorized access accusations after retrieving emails from his unfaithful spouse’s email account. Prompt assistance from a Virginia computer crimes defense attorney is critical.

* Our client was accused of being the leader of the most prolific Internet music piracy group in the world. The charge consisted of conspiracy to commit copyright Infringement. The charges were initially brought in the United States District Court for the Eastern District of Virginia located in Alexandria, Virginia. The trial took place in the United States District Court for the Southern District of Texas, located in Houston, Texas. Our client elected to have is case tried by a Federal Jury. Our technical knowledge assisted us in providing competent legal representation and bringing the case to a successful resolution. Read More…
* Our client was arrested on access device fraud charges and aggravated identity theft in the Eastern District of Virginia, Richmond Division. The accusations involved alleged selling of stolen credit card numbers, social security numbers, other personally identifiable information, as well as e-mail account data for spam purposes. We thoroughly reviewed the government evidence, both the technical and the legal aspects, and assisted our client in obtaining a favorable result.
* Our client was accused of using a computer system to solicit a minor in Chesterfield County, Virginia. Our technical knowledge allowed us to properly dissect and understand the technical issues in the government’s evidence, resulting in a favorable resolution for our client.
* Our client appealed a case handled by another defense attorney to the Virginia Court of Appeals and to the Virginia Supreme Court. The charges involved the use of a computer system to facilitate certain offenses involving children in Virginia. Our technical knowledge allowed us to be able to understand the case immediately and completely analyze all the issues despite being retained after the appeal process was already underway.
* Our client was a victim of computer trespass and unauthorized network access by a former employee. Our experience in both the legal and technical aspects allowed our client to gather the necessary evidence to prosecute the perpetrator in a “one-stop shopping” manner.
* Our client was charged with eight counts of use of a computer system to facilitate certain offenses involving children in Virginia. Our technical analysis allowed us to get the majority of the charges dismissed, resulting in a resolution of the case involving no jail time.
* Our client was a victim of computer fraud, computer trespass and unauthorized access to his computer by a debt collector. Our technical know-how and legal analysis allowed us to recommend a course of action for this activity, which may have otherwise gone undetected.

* Individual charged with felony transmission of unsolicited bulk email (SPAM). The intervention of a Virginia SPAM computer crime defense attorney is necessary.
* Individual accused of selling counterfeit medications over the Internet. The assistance of a Virginia computer crime defense attorney is essential to protecting the individual’s freedom.
* E-Commerce website operator faces charges of Internet criminal copyright infringement. A Virginia cyber crime defense attorney intervenes to protect the website operator’s freedom.
* High profile government executive with a high level security clearance is arrested for receipt, possession, and distribution of child pornography. A computer crime defense attorney must expertly manage the defense to prevent the Internet child pornography accusations from ruining his life.
* Our client is arrested for obstruction of justice charges after being the victim of identity theft. The crimes were committed by the identity thief. A Virginia computer crime defense attorney with our firm intervenes to clear our client’s reputation which was affected as a result of the cyber crime of Identity Theft.
* Our client is accused of illegally distributing pirated software online. These criminal copyright infringement accusations threaten his freedom. An aggressive computer crime defense is necessary.

If you are accused of a cybercrime, you need experienced and competent legal representation. A cybercrime defense lawyer with our firm can assist you.

Hacking Unauthorized Access

Hacking and Unauthorized Access Lawyer

As an attorney experienced in hacking, computer trespass, and unauthorized access issues, we are prepared to defend your business’ websites from unlawful intrusions. Whether the hacking or unauthorized access is a result of violations of your terms of use or due to actions by hackers in accessing sensitive data from the website without authorization, we understand hacking and unauthorized access legal issues. Our attorneys can assist you in prosecuting hackers to the fullest extent of the law and in preventing further unauthorized use of your computer network. Our technical approach assures early detection and evidence preservation prior to alerting the culprit or initiating formal litigation.

Sometimes, out of curiosity, or in need of an “intellectual challenge,” an Internet website visitor may exceed or attempt to exceed the access authorized to them under their website login and provided password as well as the website’s terms of use. Even using commercially available scripts such as Grease monkey could cause you to face serious computer crime accusation of hacking and unauthorized access to a computer network.

If you are accused of hacking, computer trespass, or unauthorized access, you need the services of an Internet lawyer experienced in hacking and unauthorized access issues. Whether the hacking or unauthorized access accusations come in the form of a cease and desist letter, a lawsuit, or criminal proceedings, our hacking and unauthorized access law attorneys can assist.

Similarly, if your business or your website is targeted by a hacker or a computer cracker, we can offer the unique knowledge and expert legal representation from a Computer Engineer, M.B.A., and Internet lawyer. We have a deep understanding of computer forensics and the tools used by hackers and crackers to attack your business. The attacks may be the result of the curiosity of a smart teenager…. or your competitors may be behind them.

Trade Secrets

Misappropriation of Trade Secrets Lawyer

The Internet has created a global marketplace where competition between businesses is extremely fierce. Protection of your business’ trade secrets is critical to ensure success in this environment. Trade secret law properly applied to Internet specific scenarios, if utilized effectively by an Internet trade secrets attorney, can protect your business.
A trade secret is information that is not generally known to others, confers an economic benefit derived from being kept secret, and is kept secret through reasonable efforts.
Our Internet Law Attorneys can assist your business in protecting its trade secrets from competitors and in prosecuting others, including former employees, who have misappropriated your business’ trade secrets.

Domingo Rivera

Domingo J. Rivera, Internet Lawyer

An Internet Law pioneer with a proven record, Domingo J. Rivera was the first attorney in the United States to win a complex jury trial involving Federal Copyright Infringement, music piracy criminal allegations.

Domingo J. Rivera earned a BS in Computer Engineering, an MBA with a specialty in Information Technology Management, and a Doctorate of Jurisprudence. Domingo J. Rivera is also a registered Electrical Engineering E.I.T. in the State of Florida.

Prior to attending law school, he was a US Navy Engineering Officer, and was lead engineer for the Homeland Security Headquarters located in Norfolk, Virginia. In that capacity, Mr. Rivera held a Department of Defense Top Secret Clearance with NATO access.

Domingo J. Rivera has over ten years of software programming and development. His technical abilities are exceptional, with advanced knowledge of most popular computer programming languages including C++, PHP, CGI, Pascal, Java, Visual Basic, HTML, XML, and several other programming languages.

Domingo J. Rivera, Internet Lawyer, is a member of the Institute of Electrical and Electronics Engineers, the American Intellectual Property Law Association, the Virginia State Bar, the American Bar Association, and the Virginia Association of Criminal Defense Lawyers. He is also fluent in the Spanish language.

When the Department of Defense needed a technical and management person to lead one its most important projects during a critical time in the history of the United States, Domingo J. Rivera received the call. As your Internet Lawyer, Domingo J. Rivera will apply the same high standards to assist you with your Internet Law case. You should expect no less from your Internet Lawyer.

Copyright

Copyright

A copyright is the legal protection for the artistic and literary work that you create. Copyrightable items include music, books, websites, graphics, poetry, stories, and software. Your copyrighted works may not be copied, reproduced, distributed or displayed without your consent.

Registration, although not required is advisable and important if you wish to protect your work. Copyright registration provides significant benefits, including evidence that you created your own works. It is significantly more difficult to maintain a legal action for copyright infringement when you have not obtained a copyright registration for your works and have to prove to a court that you actually created your own work.

Additionally, there are advantages in case you are faced with litigation. For example, if you are forced into litigation to protect your copyright rights, a court may award significant damages for copyright infringement, including statutory damages of up to $150,000, and reimbursement for your attorney’s fees and costs for the infringement of your copyright rights. However, under U.S. Copyright Laws, you obtain a copyright to your works the moment your works are created and registration is not required to maintain a cause of action for trademark infringement. If your copyright is not registered, you will need to prove actual damages, as opposed to the presumed statutory damages provided for works protected by a registered copyright.

Even if your website is not registered, your content is still protected under U.S. Copyright Laws and you can maintain an action for Internet copyright infringement. As you Internet copyright infringement attorney, we understand Internet copyright laws, U.S. Copyright Act, the Digital Millennium Copyright Act (DMCA) and the application of copyright laws to Internet copyright matters.

Trademark

Trademark

A Trademark identifies your company’s goods from the goods of your competitors or other third parties. Trademark Registration allows you to keep your competitors from using your company or product name, symbol or design.

When you register a Trademark, you are legally presumed to be the owner of the mark and you can stop others from using a name that is confusingly similar to your trademark. Additionally, registration of your Trademark allows you to obtain up to three times the amount of your losses if you have to sue for infringement of your registered Trademark. However, registration is not required in order for you to be able to maintain a cause of action for trademark infringement.

Internet trademark infringement occurs frequently in domain name registration, meta tags, and keyword search advertising. As your cyber trademark lawyer, we provide you advice on how to protect your trademark rights against Internet trademark infringement. Some instances of Internet trademark infringement include:

Trademark Infringement in Domain Names, Cybersquatting, and Cyber-piracy

Trademark Infringement in Meta Tags

Trademark Infringement in Keyword Search Advertising

We are your Internet trademark infringement attorney, Internet trademark lawyer, Cybersquatting legal counsel, cyber-piracy legal adviser and trademark law professional.