Legal

Intellectual property laws have become very valuable since the phenomenon known as the Internet has taken the world by storm. Online businesses are built on information and practice. Holding on to ideas is what makes things original and human. A man is only as good as his intellectual property–or so it seems.

Intellectual property laws deal in areas such as copyright and trade secret law. On the Internet, information can be viewed by millions in a mere minute. A simple mistake can leave the door wide open for anything to happen and anyone to steal. There are attorneys who are experts in intellectual property laws and deal with these issues everyday.

Associations Dealing with Intellectual Property Laws
Make sure to keep up with the latest IP trends. There are several associations you can check out. The International Trademark Association is an international non-profit devoted to intellectual property issues. They publish a bimonthly law review and an annual paperback. Also, the American Intellectual Property Law Association conducts studies and publishes articles written by its members.

Intellectual property laws help protect copyrights and trade secrets from infringement by others for personal and financial gain. With the Internet making up such a vital part of our everyday lives, its becoming more and more important to protect intellectual property from those interested in stealing it. Many lawyers are questioning how safe our ideas really are today. Make sure youre protected.

Domain disputes are generally resolved by a number of standards set up by the Internet Corporation for Assigned Names and Numbers in the Uniform Dispute Resolution Policy. Usually, a group of retired lawyers or judges with knowledge of intellectual property law will convene to decide who owns a specific Internet domain name.

Domain disputes are becoming more and more common because of the increasing value of domain names to businesses and corporations. Having the right domain name can make or break some companies. If a consumer cant easily find the company he is looking for, hell just move on to another company that is easy to find with the same product or service. Location! Location! Location!

Using the Lanham Act for Domain Disputes
Although the Lanham Act has been around since 1946–a long time before domain disputes–it is still the primary law used to settle domain disputes. The law deals with trademarks, and most domain disputes occur because a trademark owner finds that a domain name has been registered that is either identical or strikingly similar to the mark. The intellectual property lawyers working a domain name case are no doubt familiar with the Lanham Act.

There have been several important amendments to the Lanhan Act. In 1995 the Trademark Dilution Act was set up to protect famous trademarks from dilution by other marks. Also, the Anti-cybersqatting Consumer Protection Act of 1999 helps trademark owners delete or transfer domain names that are similar to their mark. These fairly recent amendments are crucial in settling domain disputes today.

Domain name ownership is an important part of the way businesses function today. A catchy domain name can mean everything when it comes to getting traffic to your site. If the name is hard to remember or spelled in a strange way, people wont remember it when they sit down at their computer and try to type in the address they just read on a bumper sticker (among other bumper stickers on the back of that VW bug).

Domain name ownership can be confusing at times. Usually when a person registers a domain name, he does not actually own the name. He owns a license to use the domain name. However, assuming the domain name has nothing to do with someone elses registered trademark or legal right to the name, owning the license to use the name is essentially like owning it.

In the 1990s, domain name ownership became a quick way to make an easy buck for many people. Through a practice called cybersquatting, people were quickly buying up domain names that were either identical or very similar to the trademarks of large companies. They would then sell the name to the company for a large sum of money. Cybersquatting is now illegal, but there are still plenty of lawsuits over the rights to domain names.

The Policing of Domain Name Ownership
Today, there are many laws, regulations and committees designed to regulate domain name ownership. The committee in charge of keeping track of domain name registration on an international level is called the Internet Corporation for Assigned Names and Numbers. This committee has set up system called the Uniform Domain Name Dispute Policy used to settle disputes between trademark owners and domain name owners. If you think you have a domain name lawsuit on your hands, contact a laywer to go over your case. Lawyers are easy to find on the Internet–but be sure to check out their credentials before signing on with one.

The Anti-cybersquatting Consumer Protection Act was passed in 1999 by Congress. This legislation was designed to allow a trademark owner to bring a civil action against an infringing domain name to cancel or transfer it. Cybersquatting was big in the 1990s, but luckily President Clinton took the time to stamp out the practice.

The Consumer Protection Act says that a person will be held liable by the owner of a mark if he uses a domain name that is identical to the trademark or dilutive of the trademark. He is also liable if he plans to profit from that mark in bad faith. There are several factors the courts will take into account to determine whether or not a defendant has registered a domain name in bad faith.

Consumer Protection Act Factors in Determining Violation
First they will look at his intellectual property rights in the domain name. Does he have a legitimate interest in it? If not, he might be found liable for cybersquatting. They will also look to see if the domain name has anything to do with his legal name. If so, he might have a defense for registering the domain and the Consumer Protection Act has protected him.

The courts will also look at the defendants history with the site. Has he offered any products or services on it? They will investigate whether or not he intended to harm the image and reputation of the owners trademark. Did he try to divert consumers away from the trademark owners online site? Perhaps the most important issue the court will look at is whether or not the defendant tried to sell the domain name to the trademark owner without ever having used the site for any legitimate activities.

The Internet Corporation for Assigned Names and Numbers is the committee in charge of the system used to keep track of the registration of domain names on an international level. If there is a dispute between a trademark owner and a domain name owner, the case will go into arbitration through a system set up and run by the committee. This system is known as the Uniform Domain Name Dispute Policy.

Using the Internet Corporation for Assigned Names and Numbers
In order for the Internet Corporation for Assigned Names and Numbers to grant a trademark owner the right to order the transfer of a domain name, he must first prove a number of things. He must show that the domain name is identical or similar to the trademark. In addition, he must prove that the registrant has no real interest in the domain name and that its use is in bad faith.

You should be careful when going into arbitration over a domain name dispute. Oftentimes the results are binding, and the outcome might not be what was expected. This is why it is a good idea to deal with the non-binding arbitration rules set up by the Internet Corporation for Assigned Names and Numbers.

The Root Server System Advisory Committee recommended the Internet Corporation for Assigned Names and Numbers add Ipv6 name server addresses to their plate so they will be available to Top Level Domains. The two-letter codes seen in many internet addresses are examples of TDLs. The RSSAC also suggested that the IANA add new policies to deal with possible problems that these changes might create.