The Internet has effectively become an integral part of everyday life. In turn, as the Internet has evolved a variety of new legal issues have arisen, many of which involve intellectual property (“IP”) rights. For example, disputes often arise over who has the right to own a domain name which in many cases involve trademark considerations. Other common types of Internet-related IP issues involve advertising and other content found on corporate websites, personal websites, social media sites, and on “Apps” for mobile devices.
Brand Protection Against Trademark Infringement and Counterfeits
Just as the Internet has provided a new means of presenting one’s brand to large numbers of consumers, it has also made trademark infringement, counterfeit sales, and false advertising easier to accomplish on a wider scale than ever. Accordingly, brand enforcement against unauthorized online activity includes a variety of special considerations, and it can involve special procedures such as utilizing certain channels directly offered by service providers, as a first option, rather than the courts.
Unauthorized Use of Content
Given the multitude of creative works available online, including photos, graphics, writings, sound recording, databases, etc., which are especially prevalent with interactive web sites hosted by “service providers,” legal issues can sometimes arise over the rights to such content, such as permissions to access, permissions to display, ownership rights, etc. In this context, intellectual property implications can include, among other topics:
- Copyright Infringement
- Copyright Counterfeits
- Digital Millennium Copyright Act (“DMCA”)
- Terms of Service / Software Licenses
- Data Security and Privacy Compliance