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Intellectual Property Law

IBLS Internet Law Blog

Covers global Internet and E-Commerce.

Post Frequency: 5.8/day

Last Entry: March 03, 2010 at 19:08:00

How to Recover Domain Name??

Posted on March 03, 2010
Legal Issue:What is the best way to respond when your expired domain is grabbed by someone who promptly turns it into a low-quality adult website and also offers to sell the domain? (The domain name is the name of our corporation)==========================================First Name: LorraineLast Name: MoorePhone: Email: rain@xplornet...

Costa Rica's E-Signature Law

Posted on March 03, 2010
Costa Rica''s Law of Digital Signatures, Certificates, and Electronic Documents authorizes the state and public entities to utilize digital certificates, electronic documents and digital signatures, and establishes a framework, including the necessary bodies and procedures, for the functioning of such a system...

Client Defamation?

Posted on March 02, 2010
Legal Issue:Disgruntled client goes into my client's website and directs internet traffic to his own blog that is defamatory of my client. I believe this is illegal but I don't know enough to know why and what remedies we have. Help please.==========================================Company: Law office of Alison AdamsFirst Name: AlisonLast Name: AdamsPhone: Email: shark@rain...

Trademark Registration in the U.S: the Word ?E? or ?e? May Be Descriptive of Internet Businesses

Posted on March 01, 2010
A decision by the United States Trademark Trial and Appeal Board held that the word ?E? or ?e? may be descriptive of Internet businesses. This article complements a previously published article in which we briefed a United States Trademark Trial and Appeal Board?s decision that considered the word ?I? or ?i? as descriptive of Internet products or services...

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How to Stop Hacking?

Posted on February 24, 2010
Legal Issue:Someone from the Philippines hacked into my laptop over an Air Card. I have the origin of the IP address and the latitude and longitude for the location of this person. It looks like they are using an Internet Cafe since the last octet of the IP is different each time...

Right to Privacy v. Freedom of Speech on Public Matters

Posted on February 24, 2010
When a recipe entails too many ingredients, it becomes more difficult to digest. Well, the same principle applies to legal cases involving too many important issues such as the right to privacy, freedom of speech, and information about public matters...

The Letter ?I? or ?i? may be Descriptive of Internet Products or Services for Purposes of Trademark Registration in the United States

Posted on February 22, 2010
The Trademark Act of 1946, codified as 15 U.S.C. �1051 et. seq., regulates the registration of federal trademarks in the United States, and the United States Patent and Trademark Office (USPTO) is the government agency in charge of this registration process...

Issue of Confidentiality?

Posted on February 22, 2010
Legal Issue:Hello,this is a question on confidentiality at work. I recently went to my Human Resource Personnel in regards to what happens with your 401K account when you leave your employment. I asked her if i could close the door because i didn't want anyone listening to my conversation...

U.K. Statute Regulating Children?s Web Site Moderators

Posted on February 18, 2010
From October 12, 2009, pursuant to a commencement order expanding Schedule 4 of the Safeguarding Vulnerable Groups Act 2006, organizations with interactive Web sites likely to be used mainly by children or vulnerable adults must ensure that staff moderating the sites are not barred from working with children or vulnerable adults...

China?s Video Websites Regulation

Posted on February 14, 2010
China reports the highest world?s Internet population -179.7 million; first to the United States with 163.3 million, and Japan with 60 million. This significant Internet population explains the reason why the European Union and international organizations have pressed on China to adopt and enforce intellectual property laws...

Online Game Ban?

Posted on February 12, 2010
Legal Issue:I play an online game that you can opt to buy premium for. The company is based in Germany but has clients all over the world. If I have bought the premium and they ban me without evidence, and in complete accordance with their rules, I have not violated their rules in the manner of which they are written (quite poorly I might add), is there anything I can do legally to ensure that it doesn't happen to others, and maybe even get my money back? It's really not a big deal about the money but I want others to realize what type of company they are dealing with...

The Notice and Takedown Procedure under the DMCA Requires Subjective Good Faith Belief

Posted on February 10, 2010
The Digital Millennium Copyright Act of 1998 (DMCA) is the United States law that implements two key World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty. Online copyright infringement, however, is one of the most significant topics the DMCA addresses...

The Supreme Court of Guam Held that Internet Access Service is Neither a Telephone Service

Posted on February 08, 2010
Guam is an island located in the Western Pacific Ocean; it was controlled by Spain from 1668 until 1898 when it was surrendered to the United States as part of the Treaty of Paris, the treaty that ended the Spanish-American War. Thus, Guam is currently an unincorporated territory of the United States...

.eu Top Level Domain Names and Public Policy Considerations

Posted on February 03, 2010
A Top Level Domain system that encompasses several geographical regions requires careful consideration of domestic policies and legal principles. Indeed, just as an economic regional agreement requires consideration of each country's financial situation, among others, sharing a Top Level Domain system requires the analysis of the states' public policies and legal principles...

Some Internet Service Cash Rebates May Be Disguised Loans

Posted on February 01, 2010
Human creativity has no boundaries. This creativity, however, may be used for the good and the bad. A very peculiar business model was invented in the United States, and is potentially harmful to our society. This business consists in disguising small and extremely high interest loans by offering Internet services...

Is There a Constitutional Right to Send Unsolicited E-Mail Advertisement?

Posted on January 27, 2010
The First Amendment to the United States Constitution and the states' Constitutions guaranty freedom of speech in the United States. Consequently, some private parties have argued that there is a constitutional right under the First Amendment to send unsolicited e-mail advertisement...

Virtual Visitation

Posted on January 25, 2010
"Virtual visitation" is a way for divorced parents to communicate with their children via electronic means. In the United States, legislatures and courts are increasingly recognizing virtual visitation as a means for non-custodial parents to communicate with their children...

Brazil Sugar Mills

Posted on January 23, 2010
Legal Issue:I need the addresses of sugar mills in Brazil. Can someone assist.==========Company: nb marketing companyFirst Name: zaheerLast Name: dilawarPhone: Email: nbmarketingcompany@gmail.comPhone: 00923224211115Address: 31 M2 Eden tower gulberg 2 lahoreCity: lahoreCountry: Pakistan==========================================================================

E-Mails & Privacy under the U.S. Patriot Act

Posted on January 20, 2010
The Electronic Communications Privacy Act of 1986 (ECPA), Pub. L. No. 99-508, � 201, 100 Stat. 1848, codified as amended at 18 U.S.C.S. �� 2701-2711, regulates the access, use, disclosure, interception and privacy protection of electronic communications...

Who Is Liable for Taxes and Duties?

Posted on January 20, 2010
Legal Issue:I'm looking to import direct to buyers into the uk and Ireland via a china dropshipper. Am I liable for the taxes and duties or is the buyer liable?? First Name: ChrisLast Name: WalshPhone: Email: Walsh.chris.j@gmail.comPhone: 833 514 256Address: SantryCity: DublinCountry: Israel==========================================

Ten New Global Trends 2010

Posted on January 18, 2010
MiniaturizationEvery business process will go through intense compression and digitalization so when it comes out on the other side of the tunnel, it will have already considerably reduced its operational costs. This will enable the process to function effectively, more powerfully, and be highly replicatable, with a lower cost structure like a proverbial silver bullet...

Only Live Broadcasts Qualify for Statutory Damages on Unregistered Foreign Works

Posted on January 13, 2010
Video sharing Websites such as YouTube, which at inception revolutionized the music industry, have also challenged copyright litigation. Although international organizations have been proactive in conveying homogeneous copyright principles through international agreements such as the Berne Convention, the Trade-Related Aspects of Intellectual Property Rights (TRIPs), WIPO Copyright Treaty, and other major international agreements, practical domestic litigation issues may arise when a party files a claim for copyright infringement...

Online Store License Requirements?

Posted on January 12, 2010
Legal Issue:Hi I'm a student and i'm doing a research on B2c LAWS. In Iran, there is a law that forces those that want to build an online store to give a License. In fact,thay have to refer to Ministry of Commerce and give this license that authorised them to build an online store...

Where Are Taxes Paid?

Posted on January 11, 2010
Legal Issue:Hello, I am Croatian and I would like to establish an international company. Buy products in Japan, the United States, China and selling them in the U.S.. I will then use drop shipping in the USA, drop shipping companies that sent the products to different world markets, mainly U...

The European Union?s Work Strategies and Practical Measures against Cybercrime

Posted on January 10, 2010
The steady increase of cybercrime with transnational implications concerns the European Union member states. For this reason, the European Council concerted some work strategies and practical measures against cybercrime in November 2008. These strategies and measures seek join action by member states in the sphere of police and judicial co-operation against cybercrime, in an effort to combat transnational organized crime and computer crimes in the European Union...

Basis for Libel and Defamation?

Posted on January 07, 2010
Legal Issue:Someone published my photo and company website on a website for real estate fraud in Panama - we have no affiliation with these projects - how do we demand removal and/or do we have grounds for a lawsuit for libel and defamation?Company: PanaManagementFirst Name: JulietteLast Name: PasserPhone: Email: jpasser@prodigy...

How to Obtain Refund?

Posted on January 06, 2010
Legal Issue:I have been robbed of my money by eleckingdom.com and the only reason I thought they were real was because the International organization of consumers union of china backed up their legitimacy. I woul like to know how I can get my money back of 209 USD, if possible and if not, at least shut down their illegal operation they have made available to the US people...

Internet Censorship in South Korea

Posted on January 06, 2010
In 2001, the South Korea''s Ministry of Information and Communication passed the controversial Internet Content Filtering Ordinance, which highly regulates the country''s Internet content. The Ordinance requires, among others, that Internet Service Providers block access to Websites on a government compiled list, that the Internet be accessible to the youth, that public libraries and schools install filtering software, and that an Internet content-rating system be introduced...

Automation of Copyright Infringement Notices by ISP

Posted on January 05, 2010
We as an ISP also receive lots of notices about copyright infringement. We process all these messages, trace down the users and send them warning notices according to our company policy. Because we receive a lot of notices, it takes a lot of time to manually process all notices, so we are looking to automating the processing of notices...

Who Knew-IBLS the Christmas Gift!!!

Posted on January 04, 2010
Guess what I got from my sister for Christmas???? The lady she works for was talking to me when I was out there about going into internet law, they are starting up some site and are running into all kinds of issues and she thinks internet law is the up and coming thing...

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