Category Archives: Domingo J. Rivera Attorney

Attorney Domingo J. Rivera

Trademark Infringement

Internet Trademark Infringement

Businesses spend significant time and resources creating, marketing, and promoting their and logos as well as the names and logos of their products.  Attorney Domingo J. Rivera and the other Internet lawyers from our firm understand that When a business creates a website, the logos and unique marks developed by the business are easily exposed for others to download, use, and in many cases utilize to compete against the owner of the trademark or trade name.

Similarly, cybersquatters may register domain names containing a business’ trade name or trademark. These domain name cybersquatters may intend to profit from the brand recognition, create customer confusion to promote competing products, or simply want to sell the domain name to the trademark owner for a profit.

In addition to trademark infringement in domain name registration, online trademark infringement occurs frequently in domain name registration, meta tags, and keyword search advertising. As your online trademark infringement lawyers, we provide you advice on how to protect your Intellectual Property against all Internet based trademark infringement.  Some instances of Internet trademark infringement include:

Trademark Infringement in Domain Names, Cybersquatting, and Cyber-piracy – Internet trademark infringement may occur as a result of the registration of a domain name in violation of the rights of a trademark owner.  Our trademark infringement attorneys can assist you in protecting your trademark rights from cybersquatters and cyber-pirates and can also assist you in recovering your domain name.

Trademark Infringement in Meta Tags – What happens when a website owner uses another entity’s trademarks as meta tags? Is it trademark infringement? We frequently handle issues of Internet trademark infringement resulting from the use of a trademark as a meta tag. A trademark infringement attorney with our firm will assist you in evaluating the situation and stopping the infringing conduct.

Trademark Infringement in Keyword Search Advertising – Web searches are the primary method used for finding goods and services on the Internet. Therefore, online keyword advertising is a very popular and effective method of Internet advertisement. Can a business use its competitor’s name and/or trademark as a search keyword without engaging in online trademark infringement? An Internet trademark infringement can evaluate your particular situation and provide you with sound trademark infringement advice and stop the infringement against your trademark.

Our Internet trademark infringement attorneys assist our clients in stopping Internet trademark infringement and cybersquatting.  We frequently deal with Internet trademark infringement issues, for example:

  • A competitor registered a domain name containing a business’ federally registered trademark.  Intervention from an Internet trademark infringement and cybersquatting attorney is required to keep the competitor from stealing the business’ Internet traffic.
  • A competitor utilized a registered trademark as an Internet search engine keyword.  The assistance of a trademark infringement attorney is necessary to keep the competitor from obtaining Internet traffic rightfully belonging to the trademark owner.
  • A business receives a cease and desist letter accusing it of Internet trademark infringement.  The trademark in question is not unique and should have never qualified for trademark protection in the first place.  An Internet trademark lawyer intervenes to stop the bullying and idle threats of litigation against the business.
  • Our client was the owner of a trademark for a product that the corporation sold online.  A prospective competitor initiated a campaign of using our client’s trademark to falsely criticize the effectiveness of the product in the eve of launching a competing commercial product.
  • A business’ website is removed from the major search engines as a result of false accusations of trademark infringement.  Prompt action is required to secure the survival of the business.

When you need the services of an Internet trademark infringement attorney, Internet trademark lawyer, cyber squatting lawyer, cyber-piracy legal practitioner… we understand Internet trademark law.

Copyright Infringement

Internet Copyright Infringement

We have knowledge and experience in handling online copyright issues and Internet copyright disputes.  Whether someone has copied the contents of your website, has posted your copyrighted photos, music, or other creative works or whether you receive a copyright infringement cease and desist notice or are served with a lawsuit, we can provide you with Internet law assistance.  Attorney Domingo J. Rivera is a Computer Engineer with advanced knowledge in Internet technology.  Mr. Rivera also has an M.B.A. and advanced experience in managing complex technology projects for the Department of Defense.

Many Internet copyright infringement disputes arise when someone copies website text or code from another website. The perpetrator may copy the entire website or parts of it.  Effective handling of Internet copyright legal issues calls for the experience of an attorney who not only understands copyright laws, but who also understands Internet technology and Internet business competition.

As Internet copyright infringement attorneys, we understand the application of copyright laws to the Internet in order to swiftly and effectively shut down an infringing website or initiate appropriate Internet copyright infringement legal action.  We can also assist you to restore your website if it has been shutdown because of allegations of Internet copyright infringement.  We can advise you about the fair use and other applicable defenses.

We are also experienced in the interpretation and application of the U.S. Copyright Act, the Digital Millennium Copyright Act (DMCA), the Computer Fraud and Abuse Act, and the circumvention of copy prevention measures. In the Internet age, the circumvention of technical protection measures can be actionable, even in the absence of actual copyright infringement in the traditional sense.  Criminal prosecutors who may not have the necessary proof to charge an individual with actual criminal copyright infringement may get around that by charging conspiracy to commit a crime (copyright infringement) instead.  Under those circumstances, the prosecutor does not even have to prove actual infringement.  Proving an agreement combined with an “overt act” is sufficient.

Some other important Internet copyright issues that we frequently encounter include:

Web Development Agreement copyright issues – Unless there is an agreement to the contrary, the creator of a website is the owner of the copyrightable elements of the website. These include the text, graphics, scripts, code, and the look and feel. In the absence of a well-written website development agreement, your developer will own the code developed for your website, and may even hold your website hostage or sue you for copyright infringement! Our online copyright attorneys are prepared to assist you with drafting website development contracts that adequately protect your rights.

Third-party posting copyright issues – You may be held legally liable for content posted by third-parties on your website. Our online copyright attorneys are experts in issues related to online copyright infringement, contributory copyright infringement and vicarious copyright infringement. Your cyber copyright lawyer from our firm can provide you advice on how to avoid liability online copyright infringement, contributory copyright infringement and vicarious copyright infringement.

Somebody stole the contents of your website – When this happens, you need an Internet lawyer who can provide you with a quick response to protect you online business from this serious type of copyright infringement. Whether the best approach to resolve your Internet copyright infringement matter is to issue a cease and desist notice, a Digital Millennium Copyright Act Takedown Notice, the filing of a lawsuit, other techniques, or a combination of tactics, our online copyright infringement lawyers can assist you in protecting one of your business’ most important assets: your business’ website.

Our Internet copyright infringement attorneys are experts in stopping Internet copyright infringement and protecting your intellectual property.  We frequently deal with Internet copyright infringement issues, for example:

  • A competitor copies the entirety of a business’ website, only changing the company’s name and contact information.  Many customers are confused and believe that the businesses are somehow affiliated.  Intervention from an Internet copyright infringement and intellectual property attorney is required to keep the competitor from continuing its intellectual property infringing conduct.
  • Our client was notified by the Internet Service Provider (Comcast) that a subpoena had been issue for the our client’s identity.  The case involved allegations of copyright infringement of certain movies through Bit Torrent software. We filed a successful Motion to Quash the subpoena.  Read more about bit torrent copyright infringement defense.
  • Our client’s private copyrighted photos were posted on various amateur pornographic websites. The hosting company refused our client’s initial attempts to get the pictures removed from the website, necessitating our Internet lawyer assistance.
  • We were retained by a client whose computer was hacked while he utilized a hotel’s wi-fi connection. The hacker stole his copyrighted photographs and videos and posted them into various websites, adversely affecting our client’s intellectual property rights,  reputation and future Internet business plans.
  • After competitor refuses to remove website contents unlawfully copied from a company’s website.  The competitor argues that because the company did not register the contents, the website is not protected against the infringing conduct.  The assistance of a copyright infringement attorney is necessary to stop the competitor from further infringement under its incorrect interpretation of copyright and intellectual property laws.
  • A business receives a cease and desist letter accusing it of Internet copyright infringement.  The contents allegedly infringed do not meet the requirements necessary to be entitled to copyright protection.  An Internet copyright lawyer intervenes to stop the bullying and idle threats of litigation from the attorney sending the cease and desist letter.
  • A business’ website is taken down as a result of false accusations of copyright infringement and DMCA website takedown demands.  Prompt action is required to restore the website and secure the survival of the business.
  • Our client was accused of being the leader of the most prolific Internet music piracy group in the world.  The charge consisted of conspiracy to commit copyright Infringement.  The charges were initially brought in the United States District Court for the Eastern District of Virginia located in Alexandria, Virginia.  The trial took place in the United States District Court for the Southern District of Texas, located in Houston, Texas.  Our client elected to have is case tried by a Federal Jury.  Our technical knowledge assisted us in providing competent legal representation and bringing the case to a successful resolution.  Read More…

Whether you are an Internet Service Provider or an individual or business who is the victim of online copyright infringement, or whether you are accused of online copyright infringement, our copyright attorneys practicing in Internet law can help.

By Dom Rivera