Author Archives: Eric Misterovich

Product colors, labels and packaging often catch the eye of consumers. Businesses work very hard to ensure that consumers recognize their products, because not only will they purchase a product that is aesthetically pleasing, but also brand mark that they trust.  So how can business owners protect their mark and the physical appearance of their […]

E-commerce businesses can range from ones operated by experienced online retailers to relative newcomers operating a store as a side project to earn passive income. No matter what camp you fall into, if you’re interested in the e-commerce world, you may have considered purchasing a monetized website or already operating e-commerce business. This gives purchasers […]

Now that you are an owner of a registered trademark with the United States Patent and Trademark Office, there are few things you should know about how to best protect your new property. In this article, we’ll discuss three of the ways in which you can protect your trademark. Trademark Monitoring Trademark owners have a […]

Brand protection is an important consideration for any business and it holds true for crowdfunding portals. Just like having strong terms of use and privacy policies, trademark registration for crowdfunding portals is an important step in protecting a business. Crowdfunding portals are often designed to raise money for specific niche projects or, many times, social […]

Crowdfunding portals require strong terms of use and privacy policy agreements to protect their business interests. The public is generally aware of the role data collection plays in society and most particularly online. Users are now aware that they are being tracked and that certain data is being collected about them. We believe websites that […]

  The rise of the sharing economy and websites like Kickstarter, Indiegogo, and GoFundMe have led to the expansion of crowdfunding portals across the internet. Oftentimes, these businesses are centered around a niche area or serve to advance a social cause. Even if these businesses are serving altruistic goals, many times the entities are for-profit […]

As domain dispute attorneys, we are often asked whether someone should defend against a UDRP proceeding or domain dispute. Typically, the person served with the complaint asks whether 1) it is worth the money to defend the domain? 2) Can I win? 3) what are the common defenses to a domain dispute? Basically, you want […]

Domain name owners facing a domain dispute need to first understand the rules of the process and how trademark law plays a role in the case. Domain Dispute Background UDRP proceedings, or domain disputes, are administrative proceedings that ask an administrative body to transfer ownership of a domain. In other words, money damages are not […]

As Internet attorneys that regularly assist in domain name disputes, we are often what is the best method of combatting infringing domain names. Trademark Owner’s Options Trademark owners typically have two main options to combat domain names using their marks: filing a UDRP or domain dispute or filing a federal lawsuit under the Anticybersquatting Consumer […]

A UDRP Proceeding, or what is commonly called a “domain dispute,” is an administrative proceeding to stop someone from using a particular domain name. We explained the background of these proceedings here. UDRP’s Three-Part Test But a common question is: what elements go into winning a domain dispute? Here are the three elements to any […]