Internet Copyright Infringement – Courts Weigh-In Read more

Internet Copyright Infringement – Courts Weigh-In

We frequently handle Internet copyright infringement issues.  These issues present themselves in many forms.  Some examples include: Internet copyright infringement resulting
from copied website contents, Internet copyright infringement claims against ISP resulting from copied website photographs, Internet copyright infringement claims against Internet search engine from
displaying copyright images as thumbnails with the indexed results, and Internet copyright infringement claim against search engine and online retailer resulting from the use of copyrighted images as
thumbnails.

Internet copyright infringement decisions are far from uniform.  Quite to the contrary, Internet law is one of the least predictable areas of law. However, the decisions of …

The CDA, cyber-racketeers, the DMCA, and changes to Section 230 by Domingo Rivera Read more

The CDA, cyber-racketeers, the DMCA, and changes to Section 230 by Domingo Rivera


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It has been quite a while since my previous post.  I have been extremely busy assisting my clients with Internet
legal matters.  Internet defamation continues to affect the reputation of
businesses and professionals as former customers, patients, and others who know
that they do not have valid legal claims assert their false and frivolous
complaints in blogs, forums and smear sites.  Even competitors are now
posing as unsatisfied consumers in order to post false and …

Cease and Desist Letters: Balancing the Punishment for Bad Faith Against the Punishment for Bad Letters Read more

Cease and Desist Letters: Balancing the Punishment for Bad Faith Against the Punishment for Bad Letters

There is no doubt that cease and desist letters serve a very important purpose in the litigation process, particularly in legal matters related to the Internet.  Many causes of action have bad faith as either an essential element or a factor that increases damages. 
A party’s refusal to correct its acts after receiving a legitimate cease and desist notice can be interpreted as a sign of bad faith.  Although a recipient of a cease and desist notice has
every right to decline pre-litigation requests without adverse consequences, he must do so in good faith.  Good faith means a …

Computer Hacking and Unauthorized Access to Computer Networks: Curiosity Can Kill the Cat Read more

Computer Hacking and Unauthorized Access to Computer Networks: Curiosity Can Kill the Cat

Recently, we have encountered many instances of the following scenario… Often out of curiosity, an Internet website visitor may exceed his authorized access under his access login or
under the website’s terms of use.  Website access scripts are easily available online. Their use, however, may generate serious accusations of computer crime, specifically hacking and
unauthorized access.  Under cybercrime and computer laws, a conviction for computer hacking can carry 20 years to life in prison.

If you are accused of computer hacking or unauthorized access to a computer network a cyber crime and hacking  our computer hacking defense attorneys understand …

Microsoft Corporation Sues a Dentist for Trademark Infringement and Cybersquatting Read more

Microsoft Corporation Sues a Dentist for Trademark Infringement and Cybersquatting

The Anti-cybersquatting Consumer Protection Act (ACPA) makes those who register infringing domain names in bad faith liable to civil suits from a trademark owner.  

Microsoft has filed a trademark infringement suit against a California dentist, Dr. Saed Said, who has registered more than 40 Internet domains with names similar to Microsoft’s products or brands,
including: aMicrosoftShop.com, aMicrosoftStore.com, XboxOutlet.info and XboxMarket.mobi.

Microsoft claims that Dr. Said operates the domains with the intent to divert Internet surfers looking for Microsoft’s products. “The person has been diverted from the Microsoft Web site he or she
was seeking to visit, and Microsoft has lost the …

ICANN fails to pass domain name WHOIS registry privacy reforms Read more

ICANN fails to pass domain name WHOIS registry privacy reforms

The Internet Corporation for Assigned Names and Numbers (ICANN) failed to overcome a stalemate on its efforts to reform the way that domain names WHOIS data is handled. The WHOIS
registry contains the names, address, and contact information of Internet domain name registrants. The information contained in the registry is public, with the exception of domain names with proxy
registration.

Businesses, law enforcement, and especially Intellectual Property and Internet Lawyers regularly utilize the domain names WHOIS registry to identify cybersquatters, spammers, phishers, trademark
infringers, copyright infringers, and others. However, the WHOIS registry is also open to abuse and …

Your website’s Privacy Policy: Draft carefully and always abide by it. Read more

Your website’s Privacy Policy: Draft carefully and always abide by it.

Almost every e-Commerce website collects personal identifiable information from its users.  Personal identifiable information includes name, address, e-mail address, phone number, social security number, date of birth, age, gender, income, occupation, browsing patterns, etc.  Many websites have a posted privacy policy explaining what information is collected from the users of the website and how the information is used. 

Once a company posts a privacy policy on its website, it will be held legally liable for its failure to abide by the policy.  For example, Geocities’ website contained the statement “we will never give your information to anyone without …

Cybercrime basics… Read more

Cybercrime basics…

The term “Cybercrime” is broadly defined to include any criminal activity committed on the internet.  Almost everyone has at least a basic understanding about online identity theft, probably the most common cybercrime.  However, there appears to be considerable confusion regarding some of the other basic cybercrimes and their definitions.  I recently visited the website of a firm where the terms phishing and spoofing were incorrectly used interchangeably! 

Some of the most common cybercrimes are: 

Email spoofing – The forgery of an e-mail header in a manner that the message appears to have originated from somewhere other …

KSR International Co. v. Teleflex, Inc – Obvious non-obviousness? Read more

KSR International Co. v. Teleflex, Inc – Obvious non-obviousness?

Teleflex International Co. held a patent titled “Adjustable Pedal Assembly With Electronic Throttle Control.”  One of the claims of the patent describes a mechanism where an electronic sensor is combined with an adjustable pedal to control the throttle in an automobile.  KSR International Co. added an electronic sensor to its previous automobile pedal design and Teleflex obviously sued for patent infringement. 

The District Court dismissed the case, holding that the claim contained in Teleflex’s patent was obvious.  The Federal Circuit reversed, applying its “Teaching, Suggestion, Motivation” test.  Under this test, the combination of existing processes to create new processes is not obvious when there is no prior …

Site Pro-1 Inc. v. Better Metal LLC: a better approach for deciding trademark infringement claims resulting from competitive metatag usage and keyword advertising? Read more

Site Pro-1 Inc. v. Better Metal LLC: a better approach for deciding trademark infringement claims resulting from competitive metatag usage and keyword advertising?

This was a trademark infringement lawsuit filed by Site Pro-1, Inc, the owner of the registered trademark SITE PRO 1®, against Better Metal, LLC. Better Metal is a competitor of Site Pro-1. Better Metal purchased a “sponsored search” from Yahoo! that caused its website to be included among the results listed when a Yahoo! search user searched for some combination of the terms “1”, “pro”, and “Site.” The SITE PRO 1® mark was not displayed in the sponsored search result linking to Better Metal’s website. The Court stated: