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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.

Domain Name Disputes

There are various rules governing the use and registration of domain names, with the primary authority being the Internet Corporation for Assigned Names and Numbers (ICANN). One of the most common areas of conflict involving domain names is the practice of cybersquatting, or “bad faith” purchasing of a domain name with the same name as that of a company’s trademark — in order to make money by selling the domain name back to the rightful company. Each case is unique, and not all cases that would initially appear wrongful will ultimately qualify as cybersquatting.

There are two main procedures for addressing unauthorized, bad faith registration of a domain name. The first is a cybersquatting lawsuit under the Anti-cybersquatting Consumer Protection Act (ACPA), which is somewhat complex but can provide substantial remedies including damages and attorney fees. The second is a Uniform Domain-Name Dispute-Resolution Policy (UDRP), which is an arbitration before the Internet governing bodies that focuses on registration and ownership rights. Our firm’s attorneys have experience representing both petitioners and defendants in domain name disputes. Example case handled by our firm: Floridagators.com

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

Our attorneys have extensive experience in advising clients on the intellectual property law aspects of these kinds of issues.

Intellectual Property Rights are enforceable through litigation, usually before the federal courts, state courts, or administrative tribunals of the the U.S. Patent and Trademark Office. Legal decisions of particular importance are published in legal reporters. Below is just a handful of the many published decisions achieved by the Firm acting as trial counsel for both Plaintiffs and Defendants.

Carnival Corp. v. SeaEscape Casino Cruises, Inc., 52 USPQ2d 1920 (S.D.Fla.) — defeated world’s largest cruise line in trademark case.

Benard Industries, Inc. v. Bayer A.G., 38 USPQ2d 1422 (S.D. Fla.) — dismissal of claims in complex case of international trademark rights.

Eveready Battery Co. v. L.P.I. Consumer Prods., 464 F. Supp. 2d 887 (E.D. Mo.) — dismissed declaratory judgment action brought by national manufacturers.

M.G.B. Homes, Inc. v Ameron Homes, Inc., 903 F.2d 1486 (11th Cir.), 30 F.3d 113 (11th Cir.) — reversed decision of trial court regarding copyright ownership, and thereafter achieved and defended attorney fee award.

Boldstar Tech., LLC v. Home Depot, Inc., 517 F. Supp. 2d 1283 (S.D. Fla) — co-defense counsel to national retailer.

Stiefel Labs., Inc. v. Galenium USA, LLC, 2006 U.S. Dist. LEXIS 43973 (S.D. Fla) — injunction entered on behalf of multinational skincare company.

Helver v. Novo Industries, Inc., 49 USPQ2d 1593 (S.D. Fla.) — patent summary judgment in favor of inventor.

Int’l Cosmetics Exch., Inc. v. Saba, 2001 U.S. App. LEXIS 17754 (11th Cir.) – reversal of trial court in case of international trademark rights.

Pena-Rivera v. Editorial America, S.A., 43 USPQ2d 1059 (S.D. Fla.) — dismissal of claims in copyright case against multinational publisher.

Jeff Foxworthy v. Sun Art Designs, Inc., 42 USPQ2d 1317 (S.D. Fla.) — protection of customer lists in case against television actor/comedian.

Nailtiques Cosmetic Corp. v. Salon Sciences Corp., 41 USPQ2d 1995 (S.D. Fla.) — preliminary injunction with finding of famous trademarks and trade dress entered on behalf of national cosmetic company.

Baratta v. Homeland Housewares, LLC, 242 F.R.D. 641 (S.D. Fla) — nullified unfavorable settlement negotiated by client’s prior counsel against maker of “Magic Bullet” blenders.

Majors Medical Supply, Inc. v. Majors Medical Supply, Inc., 38 USPQ2d 1703 (E.D. Mich.) — preliminary injunction without trademark registration on behalf of national franchisor.

In re La Estancia Argentina, Corp., 79 USPQ2d 1531 (TTAB) — reversed Examiner’s refusal to register a trademark.

版权，是赋予原创作品拥有人的权利，可以存在於文学作品、美术作品、音乐作品、建筑图纸设计及编写计算机程序。一个版权的拥有者可以控制作品的复制和出版，包括衍生形式的产物。

根据美国和其他大多数国家的法律，当拥有人完成原创作品后即自动享有版权，但这些权利是有限的，为获得最大限度保护版权，建议采取如下步骤，1. 书写原创作品的版权声明。2.到美国版权局申请注册。

版权声明必须标明作品所有的复制必须得到拥有人的允许。版权声明中必须包含“版权”两个字（或使用符号©，即字母C外加一个圆）；作品初次公开发表的年份；及作品的版权拥护者名称。然后立即注册，即可享受实际利益。非常重要的是：准备版权的申请注册应在有版权业务及丰富经验的律师事务所帮助下进行，尤其是申请者不是主要创作人更是应与律师咨询有关事宜。最主要的是：申请注册的时间长短取决于所申请版权的证据是否充分、所需何类别的版权登记证书。不及时申请版权登记可导至权益受限，无法进行反侵权诉讼，例如，要修复被损毁的版权权益，需付昂贵的律师费用。所以越早进行版权登记，越有利于版权保护。

版权登记是提起版权侵权诉讼的前提条件，另外，版权登记还可用于美国海关备案，以阻止备案作品的侵权复制品输入美国。
有关这些主题的更多信息，请致电或发送电子邮件至我们的律师免费的初次咨询。

商标可以是任何文字，标语，或符号，是用在商品和服务贸易中以表明它们起源的源头，以便区别于其它商品和服务。商标权可以用于防止其他人使用相似的易混淆的标记，但不能防止其他人在非混淆的标记下提供相同的产品和服务。

在美国，商标权是在商标开始使用时创建的。然而，这些权利往往是有限的。为获取更大的权利可以在联邦政府或州政府注册商标。州际或国际贸易中使用的商标可以在美国专利和商标局（PTO）注册。

根据在商业中的实际使用或使用该商标在商业中的真正意向，商标申请可提交到PTO。重要的是准备申请，要在有商标事宜经验的法律公司的协助之下完成。

Patents are granted to inventors for new and useful machines, processes, manufactures, and compositions of matter. In the United States, a patent owner has the exclusive right to make, use, and sell the patented item for as long as twenty (20) years from the date of the patent application, if granted.

The patent system was established by the U.S. Constitution, and the only source of patent rights in the United States is the U.S. Patent and Trademark Office (“PTO”). There are three types of patents: utility patents, design patents, and plant patents. Utility patents are, by far, the most common as they protect mechanical, electrical, and chemical inventions. Design patents, on the other hand, protect only design features and ornamental shapes of useful articles. Finally, plant patents protect asexually reproduced plants, and are relatively rare.

Part of the purpose of the patent system is to promote science and general public knowledge. Accordingly, the concept is to encourage inventors to reveal their secret inventions so that the public will benefit from the knowledge and have an opportunity to build upon that knowledge. In return, the inventor receives a temporary monopoly over the invention, which is enforced by the government. However, the law is designed to limit the granting of patents to true inventions only. For that reason, a patent will only be granted by the PTO if the idea is new, novel, and not obvious. If an idea is already known, or if it would be obvious to a person of ordinary skill in the particular field, then it is not a true invention and a patent will not be granted. A patent application is scrutinized by a PTO Patent Examiner for these minimum qualifications.

The safest course of action is to maintain the secrecy of an invention until a patent application is filed. Indeed, this is a requirement for patent protection in most foreign countries, although the United States allows for a short grace period under some circumstances.

It is important to note that only a Registered Patent Attorney (or Agent) may file a patent application for an inventor, unless the inventor attempts to do so alone. Most general attorneys are not permitted to file a patent application, since Registered Patent Attorneys (and Agents) are required to have an engineering or scientific background and pass a special exam given by the PTO.

To learn more about patents, or to proceed with a patent application, please contact the Firm by e-mail, telephone, or facsimile. We look forward to the opportunity to be of service to you.

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