Please note that this brief overview of Internet Law is provided as a free service and is not a substitute for the advice of an attorney. The information provided is general in nature and may not apply to your particular situation. If you have a legal matter, it is recommended that you seek the advice of an attorney. If you have any questions, or if you are in need of legal assistance, please click here.

Internet law is a burgeoning field of law that relates to legal issues unique to the Internet. Because Internet law is a relatively new area of law, applicable laws and precedent are still being written. Internet law related issues include issues such as domain name disputes, Internet contracts, online privacy and publicity, and all issues related to websites including liabilities and infringements, personal jurisdiction, deep linking, pop ups, keywords, meta tags, privacy policies, and terms of use.

If you have any questions regarding any of the above, or if you are interested in a website audit, please feel free to contact us.

Domain Name Disputes

Domain name registration is a highly recommended first step in protecting your trademarks. Whether due to cyber squatting or the mere popularity of a certain phrase or word, ownership of domain names often comes into dispute. In the event of a dispute, a complaint may be filed in a court of law under theories similar to trademark infringement. For more information regarding trademark infringement, click here.

As an alternative to litigation, it may be worth considering filing a dispute under the Uniform Dispute Resolution Policy (“UDRP”) established by ICANN. The filing fees to initiate a domain name dispute would be approximately $1,500 - $2,000 (depending on the arbitrator chosen). The forum for the dispute could be Minneapolis, MN, New York, NY or Geneva, Switzerland. Under the procedure, a Complainant files and serves a Complaint, and the Respondent files an Answer. The pleadings as submitted are then ruled on by one or three panelists in a matter of weeks. To prevail in a dispute under the UDRP, a Complainant must prove that:

1. the Respondent’s domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
2. the Respondent has no rights or legitimate interests in respect of the domain name; and
3. the Respondent’s domain name has been registered and is being used in bad faith.

Our fees to prepare and file a Complaint or Answer under the UDRP are approximately $1,500 depending on the complexity of the issues.  If you are interested in having us assist you with your domain name dispute, or with the purchase or sale of a domain name, please feel free to contact us.