E-Commerce and Domain Protection
Your website is not only your address on the internet, it is your “digital brand”. Protecting your web identity is of critical importance to anyone with a web-based business. As you are likely well aware, it is very easy for unscrupulous “business people” to register domain names that are confusingly similar to your own, trading off your hard earned goodwill. The Law Offices of Angela Small Booth can negotiate voluntary transfers of domain names, or handle formal proceedings against domain name infringers.
Stop Domain Name Cybersquatters
If a voluntary agreement can’t be obtained, Domain Name Cybersquatters can be stopped in relatively inexpensive proceedings through the Uniform Dispute Resolution Policy (“UDRP“). UDRP proceedings can be brought against domain registrants anywhere in the world, and are essentially an international arbitration proceeding with decision making panelists who are expert in this field. Compared to litigation, they are fast and inexpensive.
In order to prevail in a UDRP proceeding, the trademark owner must show:
1. the trademark owner owns a trademark (either registered or unregistered) that is the same or confusingly similar to the registered second level domain name;
2. the party that registered the disputed domain name has no legitimate right or interest in the domain name; and
3. the domain name was registered and used in bad faith.
If the trademark owner successfully proves three three factors in the UDRP proceeding, then the domain name will either be cancelled or transferred to the trademark owner.
These proceedings take a only few months and cost approximately $5000 including the government filing fee. This is much faster than and a mere fraction of the cost of litigation in the courts.
E-Commerce Law covers online businesses and their obligations towards consumers, including privacy, personal data collection, entering into on-line contracts, website terms and conditions and more. The Law Offices of Angela Small Booth helps e-businesses remain compliant with FTC rules including complying with The Children’s Online Privacy Protection Act (COPPA). COPPA gives parents control over what information websites can collect from their kids, and the new COPPA Rule— revised in December 2012 — puts additional obligations for website owners in place. If you run a website designed for kids or have a website geared to a general audience but collect information from someone you know is under 13, you must comply with COPPA’s requirements. See the FTC website on COPPA here.
Call The Law Offices of Angela Small Booth at 310.497.1351 or 805.765.5413
or contact us online to schedule your free and confidential initial consultation.
Serving the greater Southern California area
including Irvine, Los Angeles, Ventura, Santa Barbara and Kern Counties