The Internet has become our shopping mall, magazine, billboard, TV and direct mail. Whether they heavily rely on e-commerce, use the Internet for marketing or simply have brand identities and other forms of intellectual property to protect, most companies realize that trademark and copyright issues on the Internet can significantly impact their business.
We have stopped on-line counterfeiting, sale of gray market goods and consumer fraud. We have successfully addressed trademark infringement, unfair competition, dilution and copyright infringement involving website content keywords, pop-up advertising and other forms of advertising and uses of trademarks and copyrights on the Internet. We also have substantial experience enforcing clients’ rights against on-line defamation and misappropriation of identity arising from misuse of their marks, and advising clients on questions involving fair use, parody and initial interest confusion on the Internet.
Our attorneys worked within the International Trademark Association (INTA) in connection with the bill that became the Anticybersquatting Consumer Protection Act of 1999 (ACPA). Even prior to the enactment of this legislation, we were among the first attorneys handling such matters and had secured relief for clients against cybersquatters in traditional trademark suits. Since the enactment of the ACPA, we have handled ACPA lawsuits throughout the U.S., including in rem actions, and have assisted numerous clients in obtaining damages, injunctions and the transfer of infringing domain names. We have also successfully handled a number of disputes involving individual country code top level domain names.
Our attorneys are also well versed in arbitrations under the Uniform Domain Name Disputes Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN), and in the alternative dispute mechanisms set up for many individual country code top level domains. We have obtained cancellation or transfer of hundreds of domain names that infringed or diluted clients’ marks in multiple domain name arbitrations.