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Internet Lawyer Blog

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Growing Social Media Changes the Face of Intellectual Property Disputes

Avenues of social media such as YouTube and Facebook allow users to contribute to individual pages with self-generated content that may infringe upon intellectual property rights. Accordingly, as social media continues to thrive, so do potential trademark infringement disputes. In attempting to resolve these disputes, it is helpful to consider…

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United States District Court Halts Sales of Samsung’s Galaxy Nexus

The United States District Court in the Northern District of California has issued a preliminary injunction in favor of Apple, Inc. that prevents Samsung Electronics Company, Ltd. from manufacturing or distributing its Galaxy Nexus smartphone in the United States. A preliminary injunction is a court order that temporarily prevents or…

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Ninth Circuit Affirms DMCA “Safe Harbor” Defense of Video-Sharing Website

The Digital Millenium Copyright Act (DMCA) contains a “safe harbor” provision that protects internet service providers that feature user-directed content from liability for copyright infringement. In UMG Recordings, Inc. v. Shelter Capital Partners, L.L.C., the Ninth Circuit Court of Appeals reviewed the requirements for “safe harbor” protection, upholding the broad…

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Protecting Trademark Rights in New Generic Top-Level Internet Domains

The list of generic top-level domains (gTLD’s), such as “.com” or “.edu,” has changed very little over the history of the internet, until recently. Between January and May of 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) accepted applications for new gTLD’s. It reportedly received more than two…

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How to Protect Your Reputation from Online Impostors and Infringers

The internet and social media have allowed people, businesses, and brands to communicate and interact more than ever before. As much benefit as that brings, it also brings significant risks to the reputation of both people and brands. The internet allows people to post using a pseudonym, or to appropriate…

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Petition to Review of Section 230 of the Communications Decency Act

We have submitted a petition to ask Congress to review and modify section 230 of the Communications Decency Act in order to limit the protection granted to interactive online services, such as news websites, blogs, forums, and listservs. Also, Congress should set new policies and procedures for interactive online services…

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Prevention is Key: 7 Ways Businesses Can Avoid Litigation

In general, small businesses are often a labor of love for their owners. They require a massive commitment of time and energy to build, nurture, and grow, but along the way, small businesses can get caught in a wide variety of legal quagmires. Understanding these risks, and knowing how to…

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California Business Organization Structures: What You Need to Know

California entrepreneurs should carefully consider the structure of their new business. There are many ways to organize a business, and their suitability depends on factors like the nature of the business, the number of owners and investors, and even the personalities of the principals. We will examine four business structures…

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Protecting Your Intellectual Property from Online Copyright Infringement

Copyright law, which protects a person’s rights to his or her own creative works, dates back nearly to the invention of the printing press. It protects a creator’s ownership of a creative work and the rights to use the work publicly. It also gives a creator remedies against anyone who…

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Understanding “All or Virtually All” of the Rules of the “Made in the USA” Product Label

Advertising that a product is “made in America” or “made in the U.S.A.” is a very effective sales strategy, according to recent polls. An Adweek Media/Harris Poll conducted in July 2010 found substantial support for domestic-made products, with sixty-one percent of nationwide respondents saying they would be more likely to…

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