When you are faced with electronic commerce issues, an attorney who has regularly advised and represented clients in Internet business and e-commerce matters can help you to achieve a cost-effective and timely resolution. To learn more about our legal services, contact our firm to schedule a consultation with an experienced attorney.
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Frequently Asked Questions about Internet Business and E-Commerce
Q: What is a domain name?
A: A domain name is a combination of letters and/or numbers that identifies a Web site. The domain name is the equivalent of an Internet host address (Internet Protocol (IP) numbers). Domain names have three parts, which are separated by dots. For example, the address www.findlaw.com has three parts: “www” is the host name or subdomain; “findlaw” is the second level domain; and “.com” is the top-level domain.
Q: What is a trademark?
A: The term trademark includes any word, name, symbol or device, or any combination thereof used by a person or intended to be used in commerce to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown. 15 U.S.C. §1127.
Q: Can an Internet domain name qualify as a trademark?
A: Yes. When a domain name is used in connection with a Web site that offers services to the public, it may qualify for trademark protection if it meets certain requirements. However, if the domain name is a common or generic term, the domain name owner may have trouble securing trademark protection.
Q: How do I obtain trademark protection?
A: The United States Patent and Trademark Office ("USPTO") examines and registers trademarks. Both state and federal laws include protections for trademarks and service marks. The federal trademark statute is the Lanham Act (15 U.S.C. §§ 1051 et seq.).
Q: What is copyright?
A: Copyright is a form of protection provided by federal law (Title 17 of the US Code) to authors of “original works of authorship,” including literary, dramatic, musical, artistic and certain other intellectual works.
Q: What rights does a copyright owner have?
A: A copyright owner has the exclusive right to reproduce, distribute, perform, display, license or create derivatives of a copyrighted work.
Q: Do I need to register a copyright for my Web site?
A: A copyright exists from the time an original work of authorship is created and fixed in a tangible form of expression. Therefore, you have copyright protection for your Web site even if you do not register it. However, registering the work with the Copyright Office of the Library of Congress grants an owner certain statutory rights if there is an infringement.
Q: If I do business over the Internet, which laws must I follow?
A: Generally, if there is some interaction between the Web site and residents of a particular forum, the business owner may be subject to that forum's personal jurisdiction, and therefore, that forum's laws. However, the particular "interaction" must be evaluated on a case-by-case basis. Your legal counsel can assist you with this evaluation.
Q: What is cybersquatting?
A: Cybersquatting is the registration of a well-known trademark as a domain name with the intent to sell the domain name back to the rightful trademark owner. The federal Anti-Cybersquatting Consumer Act prohibits cybersquatting.
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