Internet Domain

Our technology practice extends to domain name issues such as UDRP, federal litigation, infringement negotiations and consultation. We also provide Internet registrar setup, assistance with electronic discovery as well as terms of service and other webpage contract writing and review.

Online communication continues to revolutionize the way people receive their information. Traditional media companies are finding themselves in competition with small businesses or individuals armed with little more than an online business plan and some technical knowledge. At the same time, media companies are realizing that the trend for news and information is quickly shifting from print and television mediums to the Internet. The online information business is what is referred to as “new media.”

Take a look at online news and count the grammar mistakes and factual errors. This is associated with fewer copy editors combined with a rush to immediately get the news published online. That is just one scenario where media companies, and individuals, are and increasingly will become involved in litigation. Blogging also may be a familiar area of new media litigation, but what about online advertisers? What happens to the office worker who sends out a nasty email? In addition, new media companies with unique methods of sales and information dissemination often fail to realize that they may be able to actually patent their business method.

New Media law remains on the cutting edge as the rules and situations continue to develop.

  • Online Business Start-Up

  • Copyright

  • Libel (Plaintiff and Defense)

  • First Amendment

  • Virtual Reality

  • Advertising

  • Tortuous Interference

  • Business Method Patent

  • Contract Review

  • Corporate

Whether objecting to another party’s domain name, or receiving an objection concerning your domain name, the first step is to determine your rights. Pheil Law Firm can assist you in such matters since domain names and trademark rights go hand in hand. The final outcome of any domain name dispute may result in the cancellation or transfer of a domain name from one party or the other. If an amicable resolution is not reached, the parties have two options: arbitration or litigation.

Arbitration: Arbitration is governed by the rules and regulations set forth in the Uniform Domain Dispute Resolution Policy (“UDRP”) developed by ICANN (Internet Corporation For Assigned Names and Numbers). When a person registers a domain name with any of the ICANN approved registrars, that person becomes contractually bound to the UDRP rules and regulations for arbitration. Arbitration is on a fast-track, it is geographically unlimited, and is a relatively inexpensive means of resolving ownership issues. There are only two remedies available in arbitration: cancellation or transfer of the domain name in issue.

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