traverselegal - December 15, 2011 - Internet Law, Internet Lawyer
Welcome to Internet Law Radio where we discuss the hottest topics in Internet law. If you are facing an Internet law issue, cyber law complaint, web site or e-commerce issue, we have an Internet lawyer ready to help.
Welcome to Internet Law Radio. My name is Attorney Enrico Schaefer. I specialize in Internet law issues. I am an Internet law attorney. One of the most common questions that we get is what is an Internet lawyer? Is it someone who practices law on the Internet? The answer to that question is no. While we use technology in order to improve customer service for our clients, the main point of being an Internet lawyer is that it involves specialization in online legal issues; legal issues that arise on the World Wide Web. So, that can translate into lots of different things.
Let’s talk about trademark infringement. Trademark infringement on the Internet is rampant. When infringement occurs online, there are different considerations that a lawyer has to think about in order to adequately protect the trademark owner’s interests. For instance, is there a way that you can deal with the web hosting company, website owner, back-end DNS or terms of service that might give you the ability to deal with that trademark infringement issue, in addition to simply sending a trademark infringement threat letter to the person who may have inappropriately used the trademark or service mark.
When copyright infringement occurs online, there are a whole series of statutes that apply that are completely different than when copyright infringement occurs in a brick & mortar world. An Internet lawyer understands how these statutes such as the Digital Millennium Copyright Act (DMCA) apply, and how they will affect a copyright holder’s rights and potentially remedies in order to deal with the person who’s infringing the copyright. Sometimes you could do a Digital Millennium Copyright Act takedown notice to the website owner or the website host, and have the infringing material removed from the web.
When someone posts something anonymously or does something anonymously on the Internet, one of the most common problems is identifying whom it is that you are supposed to be sending a threat letter to or filing a lawsuit against. An Internet lawyer understands how to get that information, how to track down who a user may be and who is the potential defendant in a particular matter. So, if you don’t understand the back-end DNS, how the Whois database systems works, how registrars deal with domain names and the special rules for domain names, then you are going to be at a huge disadvantage as an attorney in trying to protect your client’s rights.
An Internet lawyer understands what the various statutes are that deal with trademark infringement when it comes to domain names. So, domain name trademark infringement is a whole specialized area of law that only occurs online. When someone registers a domain name that incorporates someone else’s trademark, then the Anticybersquatting Consumer Protection Act (ACPA) might apply. The Uniform Domain Name Dispute Resolution Policy is an arbitration provision that also handles domain name disputes when there is a trademark issue. Stolen domain names are a big problem on the Internet. When you are the victim of domain theft, you need an Internet lawyer to help you go after the person who stole your domain. Whether it’s an employee, partner or someone else that is disgruntled such as a web developer who happened to have registered your trademark protected domain name under their account, you need an Internet lawyer who deals with these problems week in and week out, and understands the best way to accomplish your client goals.
So, whenever I’m answering the question: What is an Internet lawyer? I always refer people to this analogy. You would not hire a dentist to do brain surgery. Nor should you hire an everyday lawyer to handle your problem when it occurs online. If your issue is one that involves the Internet, contact an Internet law attorney and see how they propose to handle your problem. Chances are, they’ll have a lot more insight as to the possible approaches and strategies that are most likely to accomplish your client goals.
My name is Internet Law Attorney Enrico Schaefer. Have a great day!
You’ve been listening to Internet Law Radio. Whether you are facing a domain name, intellectual property or a complex litigation issue, we have an Internet law attorney ready to answer your questions.