The Internet has created enormous opportunities for companies and consumers, including the creation of new classes of intangible assets and new means for companies to engage with consumers. It also has created fertile ground for misuse of intellectual property, and the fastest growing area of counterfeit trade is online.
Internet disputes of all type often involve unique intellectual property issues and claims, and our experience in these matters is extensive. Our Cybersquatting and Internet IP team is led by a former software and web developer and we have a deep technical understanding of the Internet, the domain name system, and associated software that informs our representations in both litigation and transactions.
Internet and Cybersquatting Disputes and Litigation
We routinely assist clients with matters involving Internet anti-counterfeiting, copyright infringement, distribution of malware and viruses, domain name theft or hijacking, anti-spam laws and regulations, and social media disputes. We pioneered the use of intellectual property and computer fraud claims together as a means for efficiently and effectively combatting online scams.
In relation to anti-cybersquatting laws and policies, in each of the past few years, we represented clients in more than double the number of in rem anti-cybersquatting actions under the federal Anticybersquatting Consumer Protection Act (ACPA) than the closest competing firm—with hundreds of domain names and websites at issue. We also represent clients in administrative domain name proceedings under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), Uniform Rapid Suspension (URS) procedure, and analogous country-code and domain registry specific policies.
ISPs, Online Marketplaces, and Domain Name Providers
We represent intellectual property owners and technical service providers alike in relation to intellectual property policy development and implementation issues as well as Internet specific IP infringement liability issues and disputes.
In relation to ICANN’s acceptance of applications for new generic top-level domain (gTLD) registries, we represented clients in pursuit of over 30 new gTLD registries, we represented companies, coalitions, and associations in opposition proceedings involving over 20 new gTLD applications, and we continue to represent many new domain name registries and registrars regarding ICANN compliance and intellectual property issues.
Internet Intellectual Property Policy
We are uniquely positioned to advise clients regarding increasingly complex intellectual property policy issues related to the Internet. We advise some of the world’s most recognized brands with regard to Internet specific intellectual property studies from government agencies such as the U.S. Copyright Office, proposed Internet specific intellectual property legislation and treaties, and ICANN rules and regulations related to intellectual property.
Related News & Insights
- EventCybersecurity Issues from CybersquattingInternational Trademark Association Annual MeetingMay 23, 2018David E. Weslow
- EventTrademark and Domain Name Enforcement OptionsWashburn University of LawApril 19, 2018David E. Weslow
- AlertPreparing for Drastic Changes to Availability of “WHOIS” Information About Domain NamesApril 18, 2018David E. Weslow, Megan L. Brown, Ari Meltzer
- Press ReleaseDavid Weslow Named 2018 ‘Intellectual Property Trailblazer’ by The National Law JournalMarch 1, 2018David E. Weslow