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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.
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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