Internet

Copyright Protection

Copyright infringement on the Internet has become common and it is important that legal measures be taken to protect valuable images, content and other materials appearing online. We are experienced in registering web pages and other materials with the U.S. Copyright Office and providing counsel regarding the defense and pursuit of copyright claims. We also provide counseling to Internet service providers, web site operators and other online businesses about liability protection available under the Digital Millennium Copyright Act's Online Copyright Infringement Liability Limitation Act.

Domain Name Disputes

A memorable domain name can be a company's most valuable asset. We are experienced in the protection and recovery of Internet domain names; counseling clients regarding domain name rights under federal trademark, anti-dilution and cyberpiracy laws; and representing trademark holders and domain name owners in dispute resolution proceedings before Network Solutions, Inc. (NSI), the Internet Corporation for Assigned Names and Numbers (ICANN) and the World Intellectual Property Organization (WIPO). The practice group includes an attorney who also serves as an Arbitrator of intellectual property disputes for the National Arbitration Forum and has rendered decisions regarding disputes involving such famous trademarks as McDonald's, Amazon.com, Bausch & Lomb, Target and ChevronTexaco.

e-commerce

Internet businesses involved in e-commerce sometimes have difficulty enforcing contracts entered into electronically. Experience drafting agreements and forms used online and successfully represented an Internet company in litigation over the enforceability of an online "click-through" agreement in one of the first New York cases determining the enforceability of such an agreement.

Hyperlinking

Unauthorized hyperlinking and web page framing can raise legal issues regarding trademark and copyright law. Counseled and represented online businesses in disputes over legal liability arising out of Internet hyperlinks and frames.

Internet Meta Tags

When properly used, meta tags serve the purpose of describing the content of a web page. Invisible to viewers, some meta tags often contain popular search terms that are inserted merely for the purpose of luring Internet users to a particular web site. Some site owners have resorted to inserting meta tags of popular trademarks owned by others in the code used to create web sites, raising claims of trademark infringement.

Internet and e-mail Usage Policies

Any business that provides Internet or e-mail access for its employees should put some thought into a usage policy. A well conceived usage policy may prevent legal problems in areas such as employee privacy, discrimination, harassment, confidentiality, trade secrets, and other legal issues. In addition, new regulations impose liability for sending unsolicited commercial e-mail (spam).

Jurisdiction

Because the Internet is world wide, traditional geographic and governmental boundaries are difficult to determine. Any party posting material or conducting business online should be concerned with jurisdictional issues such as: What laws apply? What courts have jurisdiction over a lawsuit? How can my contract be enforced? We are experienced in advising businesses on how to avoid jurisdictional problems caused by online activities, drafting jurisdictional provisions in contracts and successfully enforcing online agreements in court.

Licenses and Contracts

Experienced in drafting licenses and contracts for software, hardware and Internet services, protecting intellectual property interests, trade secrets and confidentiality.

Online Defamation

The ability to easily disseminate information to a world wide audience increases the potential for liability caused by online defamation. Has counseled Internet companies regarding the safe-harbor provisions of the Communications Decency Act of 1996 and has defended and pursued litigation regarding defamation, libel and slander involving online and traditional media.  Attorney David P. Miranda's article "Defamation in Cyberspace" was cited by New York's Court of Appeals in Lunney v. Prodigy (1999), its first major decision regarding the liability of Internet providers for online transmissions.

Trademark Infringement

Whether you need assistance in performing a trademark search, registering a trademark, protecting your trademark against infringement online or defending an infringement claim, Experience in the protection and commercialization of valuable trademarks.

Web Hosting and Service Agreements

It is important for Internet service providers, web site hosting services and other online business to have agreements with customers that contain the necessary language to fully utilize protections and defenses available under laws such as the Digital Millennium Copyright Act, Electronic Communications Privacy Act, and Communications Decency Act. Experience drafting user-friendly hosting and service agreements that provide protections should legal claims arise.