practice areas

Our Internet Law Practice Areas

Whether your Internet legal issues relate to online copyright infringement, online trademark infringement, Internet contracts, web development contracts, Internet site documents, domain name law, Internet defamation, trade secret misappropriation, cyber crimes, Internet sex crimes, spam issues, Internet privacy, or whether you desire to create a legally solid website, we are your cyber law attorneys.

Our Internet Law practice areas include:

are domain names property

Are Domain Names Property or Contract Rights?

Some courts have held that that domain names are property. In Kremen v. Cohen, 337 F.3d 1024 (9th Cir. 2003), the plaintiff registered the domain name sex.com. The registrar transferred the name to a different individual on the basis of a forged letter.

The Court reversed the district court’s holding that domain names were intangibles not subject to conversion. The Court held that the registrar was subject to liability “for giving away someone else’s property.” Id. at 1035. Other courts, however, have concluded that “a domain name registration is the product of a contract for services between the registrar and registrant.” Network Solutions, Inc. v. Umbro Int’l, Inc., 259 Va. 759, 770 (2000) (citing Dorer v. Arel, 60 F. Supp. 2d 558, 561 (E.D. Va. 1999)).

If considered property rights, domain names would be subject to state property laws and state property causes of action, such as conversion, would be applicable. However, if domain names confer only contractual rights, the nature of the protection afforded to the registrant would be quite different. Under ICANN rules, a domain name owner must intervene within five days to stop an inter-registry transfer request. Therefore, whether a domain name is treated as property or as a contractual right can make a huge difference in the remedies available to victims of domain name hijacking who do not intervene within the five-day period prescribed by ICANN.

Our domain name attorneys can assist you with all your domain name issues. We are your domain name law experienced Attorneys.

UDRP

Uniform Domain Name Dispute Resolution Policy (UDRP) Lawyer

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. A UDRP attorney from our firm is experienced in Domain Name Disputes and UDRP proceedings. A UDRP attorney from our firm can assist you of you need to obtain or recover a domain name through a UDRP proceeding.

If you are a trademark owner and someone has registered a domain name that infringes on that trademark, our UDRP attorneys and domain name lawyers can assist you to obtain the domain name. Similarly, if someone is attempting to take your domain name through a UDRP proceeding, a domain name attorney and UDRP lawyer with our firm is experienced in domain name litigation and UDRP proceedings and can provide you with UDRP legal assistance.

Someone may have registered a domain that is confusingly similar to your domain name or trademark. Our UDRP lawyers can represent your interests and assist you in obtaining the domain name, whether through UDRP arbitration or through domain name litigation.

In general, 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 UDRP procedure is overseen by the Internet Corporation for Assigned Names and Numbers (ICANN). Effective UDRP legal representation requires the knowledge and experience of an effective and experienced domain name lawyer. Our domain name attorneys and UDRP attorneys are experienced in domain name law.

Contact a Domain Name Attorney and UDRP lawyer.

truth in domain names

The Truth In Domain Names Act Lawyer

The Truth in Domain Names 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 in interpreting the Truth in Domain Names Act or should you have legal issues with the authorities, your domain name registrar, or your affiliates involving the Truth in Domain Names Act.

stolen domain name

Stolen Domain Name? Our Domain Name Attorneys are Experienced in recovering your Domain Name

There are many ways in which your domain name may be stolen. Our Domain Name Dispute Lawyers and Domain Name Theft Attorneys can assist you if your domain name has been stolen, whether the domain name theft happened directly or indirectly.

Direct Domain Name Theft – Stolen Domain Name

Direct Domain Name Theft occurs when your registrar takes your domain name away from you and refuses to return it to you. Direct domain name theft can also occur when someone steals your domain name administrator information and hijacks your domain name and/or the website to which the domain name resolves. Our domain names attorneys are experienced in recovering stolen domain names, whether the domain was wrongfully taken away by your domain name registrar or by a domain name thief, our domain name attorneys can assist.

Indirect Domain Name Theft – Stolen Domain Name Rights

Indirect Domain Name Theft occurs when you are the victim of cybersquatting / cyber-piracy. When this happens, a domain name containing your name or trademark is registered with a bad faith intent to profit. Do not let a cybersquatter or a cyber pirate profit from your trademark or trade name! Our stolen domain name recovery attorneys can assist you to protect your domain name rights.

Our stolen domain name recovery attorneys are experienced in the recovery of stolen domain names, domain name disputes, domain name theft prevention and recovery, UDRP proceedings, and domain name recovery litigation.

cyber piracy

Cyberpiracy and Bad Faith Domain Name Registration

Cyber piracy occurs when someone registers, traffics in, or uses a domain name a domain name, that is identical or confusingly similar to the name of another or which infringes on a trademark. Cyber piracy usually occurs when an individual registers domain names incorporating the names of famous people, organizations, or corporation or incorporating the trademarks and trade names of another. Many times the cyber pirate includes inappropriate or offensive material on a website associated with the domain name. The cyber pirate may also attempt to sell the domain name to the trademark owner for a substantial profit.

If you or your business is the victim of cyber-piracy, a domain name lawyer and trademark infringement attorney with our firm can assist you in protecting your trademarks and your domain name.

trademark infringement in domain name registration

Trademark Infringement in Domain Names, Cybersquatting, and Anti-Cybersquatting Consumer Protection Act (ACPA) Lawyer

Registration of domain names that actually (or allegedly) Infringe on trademarks is not uncommon. Our trademark infringement in domain names law attorneys are experienced lawyers dedicated to protect your domain names against cybersquatters.

A Cybersquatter is one who registers a domain name in bad faith in violation of the rights of a trademark owner. A domain name infringement and trademark infringement attorney with our firm is experienced in obtaining or recovering domain names from cybersquatters.

The Anti-Cybersquatting Consumer Protection Act (ACPA) protects trademark owners. To maintain a suit under the ACPA, a party must show that the 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.

A domain name attorney and trademark infringement attorney can assist you in protecting your rights of you are the victim of a cybersquatter and need Internet Law, cybersquatting, domain name law, or trademark infringement law advice.

Whether a cybersquatter has registered a domain name containing your trademark or whether you are accused of being a cybersquatter, our domain name registration 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.

cease and desist

The preparation of an Intellectual Property and Internet law cease and desist notice may be necessary if you or your business are the victim of Internet copyright infringement, Internet trademark infringement, Internet defamation, or other Internet law issues.

Perhaps your Internet business needs an effective cease and desist letter to prevent your competitors from copying the contents of your website in order to take advantage of the success of your online business.

On the flip side, you may receive an Internet copyright infringement cease and desist notice from an Internet copyright infringement lawyer or Internet trademark infringement lawyer asking you for a significant amount of monetary damages. In addition the copyright infringement cease and desist notice written may contain threats indicating that your company will be the target of a copyright infringement lawsuit, and an injunction against Internet copyright infringement.

Our Internet lawyers can provide assistance in drafting an effective cease and desist notice or responding to a cease and desist notice. Effective handling of the cease and desist letter may determine whether or not expensive court litigation will be necessary to resolve the legal dispute.

cyber crimes

Our computer and cybercrime defense lawyers are prepared to protect your rights if you are accused of an Internet crime. If you are accused of a computer cyber crime in Virginia, Maryland, or anywhere in the United States, you need representation from an attorney who not only understands criminal defense laws and procedures, but who is also well versed in the law of the Internet and computer crime defense. Our Virginia computer crime and cybercrime defense attorneys, Maryland cybercrime defense lawyers, and nationwide computer cyber crime defense attorneys are not only aggressive in criminal law and procedure, but also technical gurus and experienced Internet Law Attorneys.

Some states, including Virginia, prosecute computer cyber crimes very aggressively. If you are accused of a computer crime in Virginia, you need representation to protect your rights and freedom.

A cybercrime defense attorney with our firm is also a SPAM defense lawyer, Online Criminal Copyright Infringement attorney, identity theft lawyer, cyber stalking defense attorney, and a computer trespass attorney.

Our cyber crime defense attorneys can also protect your rights of you are accused of or are a victim of Internet sex crimes including Internet solicitation of a minor or other cyber crimes including Email spoofing, phishing, cookie poisoning, wardriving, malicious software “malware”, and pod slurping.

Whether you are accused of Computer Fraud, Computer Embezzlement, Computer Trespass, Computer Invasion of Privacy, SPAM or transmission of unsolicited or bulk electronic mail, Theft of Computer Services, Use of a Computer as an Instrument of Forgery, an Internet sex crime, Internet solicitation of a minor, or any other computer cybercrime, you need experienced and competent legal representation. A computer crime defense attorney or cybercrime lawyer with our firm can assist you.

domains

Domain Name Lawyer, Domain Name Dispute Attorney, Cybersquatting Attorney and UDRP Specialist

In our domain name law practice, a domain name lawyer with our firm frequently responds to clients who present us with the following Domain Name Law questions:

Someone has stolen my domain name, how can I get my domain name back?

Where can I find an attorney who is well versed in Domain Name Law and who can competently represent me in UDRP proceedings or in domain name dispute litigation?

Someone has registered a domain name that contains my name, the name of my business or infringes on my trademark. How do I get the domain name?

I have received a cease and desist notice demanding me to transfer my domain name. How can I protect my rights?

Our domain name lawyers are experienced in advising our clients on issues pertaining to domain name laws.

The laws applying to domain name legal issues and domain name disputes require competent advice from an experienced domain name lawyer. A domain name lawyer with our firm regularly advises our clients about complex domain name issues. Even if your domain name is stolen, our domain name lawyers can provide domain name recovery assistance.

A domain name attorney with our firm can provide domain name law advice and guidance to make sure your that your Internet operations are in compliance with domain name laws and regulations.

Compliance with domain name laws is critical to insure the success of your business. For example, one of our domain name attorneys can assist you if you have any legal questions or concerns involving Cyber-Piracy or the Truth in Domain Names Act.

Similarly, an experienced domain name lawyer with our firm can provide you with domain name law advice with all your domain name legal issues, including trademark infringement.

Trademark infringement issues in Domain Names present themselves in many ways, including Cybersquatting. A domain name law attorney can advice you on how to protect your business against a cybersquatter. A domain name lawyer with our firm can also assist your business in applying the Anti-Cybersquatting Consumer Protection Act to protect your domain name legal rights.

A domain name attorney with our firm is also an experienced lawyer specialized in Uniform Domain Name Dispute Resolution Policy (UDRP) arbitration. The assistance of an effective domain name lawyer is critical to ensure success in these domain name legal proceedings. Effective UDRP representation by a top domain name lawyer can be the difference between keeping or losing your domain name. Our domain name law attorneys can provide domain name law assistance.

When you need a Domain Name Lawyer, Cybersquatting Law Attorney, Domain Name Law Attorney, UDRP Attorney, Trademark Infringement in Domain Names Lawyer, or an Internet Domain Name Specialist, our Domain Name Attorneys are experienced in resolving domain names legal issues.

Contact a Domain Name Lawyer, Domain Name Attorney, Domain Name Law Attorney, and UDRP Lawyer.

Rivera Technology Law Firm

Internet Lawyers – Cyber Attorneys

Category Archives: Domain Name Disputes