Internet Law
Domain Disputes
If you believe someone is using your domain name in bad faith (e.g., obtained a domain name similar to your domain name or with slight typographical errors similar to your domain name or is using a metatag with your domain name or mark), you need the power of an experienced Internet attorney to send a cease and desist letter to have the offending domain name transferred back to you. We also handle domain name disputes through a process known as the Uniform Domain Name Dispute Resolution Procedure (UDRP).
A UDRP procedure is an administrative proceeding brought by aggrieved trademark holders either before the National Arbitration Forum (NAF) or the World Intellectual Property Organization (WIPO). An UDRP proceeding is an economical alternative to a traditional lawsuit, especially when the parties are located in different countries or it is not possible to locate the offending party. The only remedy if a party prevails in a UDRP proceeding is transfer of the offending domain name.
Another type of domain name dispute that offers more than the remedy of transfer of a domain name may be brought under the Anticybersquatting consumer protection act (ACPA), which is a type of lawsuit ordinarily brought in federal court to recover an offending domain name or to seek a declaration that a domain name does not infringe on someone else’s trademark rights. The advantage of bringing an ACPA claim is that money damages may be recovered, including sometimes attorneys’ fees.
If you are involved or about to be involved in a UDRP proceeding or ACPA matter, please contact us for a free consultation at (212) 339-9955 begin_of_the_skype_highlighting (212) 339-9955 end_of_the_skype_highlighting or by emailing us at questions@karenbernsteinlaw.com.
Terms of Use
It is vital when operating an online business to have the proper Terms of Use in place so that you have the protection from potential legal claims that may be brought against you. To avoid potential liability, we draft guidelines that establishes how the visitor accesses your site and pays for your products. For social media type of websites, we draft Terms of Use on what and what cannot be uploaded onto your website. Although sample Terms of Use can be easily obtained from the Internet, the Law Offices of Karen J. Bernstein will craft Terms of Use that are uniquely tailored to your business.
Privacy Policy
It is imperative to have a written Privacy Policy on your website that sets forth what personal and identifiable information you will collect from visitors and disclose to others. Indeed, many states make it mandatory for online businesses to have a written privacy policy and it is important to have one that complies with the law. The Law Offices of Karen J. Bernstein has the expertise to work with you to develop the best possible privacy policy to avoid liability.
Flat Rate Services
The Law Offices of Karen J. Bernstein will work with you to develop a flat rate to draft your website Terms of Use and Privacy Policy. We offer competitive flat fee rates for preparing a Terms of Use and Privacy Policy customized for your website. Please contact us to analyze your website to determine how you can immunize yourself from defamation, copyright, or trademark claims, privacy, underage access, and other legal issues. We also will work with you on any other needs of your online business such as copyright and trademark registration of your business name and logo.
Buying or Selling a Domain Name?
Karen Bernstein is an experienced Internet lawyer who offers her clients advice on buying or selling a domain name such as researching the chain of title of domain name ownership to determine whether the seller is the rightful owner of the domain name and structuring, negotiating, and drafting domain purchase and sale agreements, whether the sale or purchase is based on an equity, or both.