Protecting Your Assets And Interests While Effectively Navigating Internet Law

Internet law is a practice area that is as diverse and as wide-ranging as the Internet itself. It is the application of several traditional types of law to the ever-evolving Internet. However, our traditional laws are not easily applicable to the Internet.

Internet law itself (also known as cyberlaw) is a growing area of law that is practiced by only the most sophisticated and well-informed lawyers who keep up-to-date with this fast paced, complicated practice area.

A broader term, "computer law," includes Internet law and the intellectual property aspects of computing technology.

Experience, Resourcefulness, And Creativity Define Internet Law Success

At MYERS BERSTEIN, we help our clients understand and manage the effects of their Internet presence on their IP. In many jurisdictions, physical laws conflict with the laws of cyberspace. Judges are called upon to make rulings about taxation, privacy, copyright and more based on geographical jurisdiction and whether a person's physical residence, Web server location, or the location of a business with which they are transacting determines what laws apply to a dispute.

In many cases, the laws of several jurisdictions apply because commerce, communication, and intellectual property transactions cross many borders in the course of exchanges on the Internet. Internet law is nebulous and still up for considerable interpretation in many areas. However, many precedents have been set, and we can help you enforce Internet laws to protect your IP and your other business interests while limiting liability.

Internet Law Encapsulates The Following Legal Issues

  • False advertising — Like any other form of marketing, the Internet is a vehicle by which people can and do put forth false and misleading statements regarding competitors.
    • However, the speed by which information travels on the Internet can result in a much more devastating effect than that of traditional marketing.
    • We can assist you in preventing and stopping the dissemination of false advertising claims via the Internet.
    • We can also counsel you on the limits of comparative advertising and promotional statements and claims (called "puffery"), so that you can make legitimate statements about your products and those of others without subjecting yourself to liability.
  • Domain law/ICANN proceedings — Our Internet law practice includes dealing with cybersquatting, domain disputes, and domain hijacking issues. These matters can often be resolved through informal or formal alternative dispute resolution, which is a cost-effective alternative to traditional litigation.
    • However, when necessary, we can represent you in ICANN proceedings wherein the rights of the parties to a certain domain name(s) are decided by panelists.
    • By the terms and conditions of registering a website with a registrar, every purchaser of a domain agrees to, among other things, not infringe upon the trademark rights of others and submits to the jurisdiction of ICANN for any dispute regarding such a violation.
  • Internet defamation — We have experience in a variety of Internet defamation matters, including anonymous postings and content on consumer review websites.
    • Using a combination of legal means and investigative services, our firm is often able to identify the source of anonymous postings so that the persons responsible can be pursued.
  • Internet fraud and unfair competition — Our investigative services allow you to identify persons responsible for content that is fraudulent or constitutes unfair competition. Once identified, we can pursue any and all claims that you have against such persons.
  • Internet content licensing — We can draft and negotiate a broad range of license agreements relating to website content and/or intellectual property available via the Internet.
  • Website terms and conditions/privacy policies — If you have an Internet presence, appropriate terms and conditions and privacy policies are important, as they establish the relationship you have with the people accessing and using your content or website.
    • It is important to set forth the nature and scope of this relationship as it helps to protect the valuable assets of the host and limit the liability to those accessing the site.
  • Trademark, copyright, and patent infringement — Intellectual property can be the most valuable assets a company has and advertising via the Internet has become essential to success.
    • However, the Internet makes the infringement of trademarks, copyrights and patents far easier that it has ever been.
    • Our firm can advise you on how best to protect the assets as well as pursue or defend allegations of infringement.
  • Right of publicity — Many states afford protection to a person's name, image, and likeness while also providing remedies should someone use them without permission.
    • At the heart of these laws is the notion that persons should be able to control the use of their name, image, and likeness and choose who or what they are associated with.
    • Our attorneys can counsel and pursue claims on your behalf if your right of publicity has been violated.
  • Digital Millennium Copyright Act ("DMCA") — The DMCA provides enhanced protections and recourse for owners of copyrighted materials while simultaneously limiting the liability of online service providers.
    • There is now a streamlined process for notifying Internet service providers (ISP) that a user has made content available that violates the copyrights of the owner and for removal of the infringing content.
    • If you allow consumers or third parties to submit content to your websites, social media pages, blogs, or any other Internet platforms, you may be considered an ISP for DMCA purposes and may need to set up DMCA notification procedures to ensure that you are not liable for the content posted by third parties.

Our legal counsel and representation in Internet law matters is invaluable. With 40 years of combined experience and immediate access to our partner attorneys, we offer you side-by-side assistance and guidance.

Please call our law firm in Irvine, California, at 888-415-4373 to speak with our resourceful Internet law attorneys. You may also contact us by secure email. We look forward to helping you resolve your legal matters cost-effectively.

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