Author Archives: Eric Misterovich

ICANN’s new Uniform Rapid Suspension System (URS) is a domain dispute resolution and rights protection mechanism that is intended to complement the existing Uniform Domain Name Dispute Resolution Policy. The Uniform Rapid Suspension System is intended to serve as a lower cost dispute resolution mechanism for trademark owners faced with clear trademark rights violations, and […]

Website agreements, often called terms of use agreements or terms of service agreements, are an important part of a website. Website agreements define the contractual relationship between the website and its end users, including the licensing of the website content, the acceptable terms of use for the website, and any limitations of liability. As a […]

Internet trademark infringement is pervasive in the modern era. Whether it occurs in a domain name, in meta tags, or in keyword advertising, Internet trademark infringement can cause confusion in the marketplace and allow competitors to divert valuable traffic from your website or brand. Thankfully, there are many remedies for Internet trademark infringement. For domain […]

Receiving a letter of copyright infringement can be scary. If you have received a letter of copyright infringement, here are a few recommendations on how to handle the copyright infringement allegations. Identify the content. Is the allegedly infringing content located on your website? Was it posted by you? Are you making money from the content? […]

Clients often ask how they can get a website content copyright. Filing for copyright registration for website content can be tricky because website content changes on a regular basis. Though it can be tricky, it is important to file for a website content copyright because the value of website content can be difficult to prove […]

Beginning next week, the Federal Communication Commission (“FCC”) will implement new restrictions on telemarketing calls and text messages to strengthen consumer protection. Specifically the change to the Telephone Consumer Protection Act (“TCPA”) will require businesses to obtain “prior express written consent” before placing prerecorded calls to residential lines and cell phones. Additionally, the amendment also […]

A recent law to pass in California increases online privacy for minors. Specifically, Senate Bill 568 permits minors to permanently delete their Internet posts from websites such as Facebook, Twitter, and the like, and additionally, requires those website owners to provide that erasing feature.   The law, which will take full effect in January 2015, […]

California Governor Jerry Brown recently signed into law Senate Bill 606, which aims to restrict the paparazzi’s ability to photograph celebrities’ children. Specifically, the new legislation outlines penalties photographers could face for taking photos or videos of a child without parental consent, and doing so in a “harassing” manner. That is, the law prohibits behavior […]

A U.S. District Judge denied ABC television (“ABC”) the ability to prevent satellite-TV provider, Dish Network Corp. (“Dish”), from continuing to provide its commercial-skipping recording feature as a service through a request for a copyright infringement preliminary injunction. The controversial feature, dubbed AutoHop, allows consumers to skip ads during broadcast shows. Additionally, Dish consumers can […]

Valve Software has, on September 29, 2013, filed for registration of a CTM trademark for Half Life 3 in the European Union. Under EU law, one must have a genuine intent to use a trademark in the future in order to obtain and maintain a CTM trademark registration. Under Article 15 of the Community Trademark […]