If your company has not yet put into place a comprehensive strategy for protecting its online-related intellectual property rights, it is important to speak with an experienced Bakersfield, CA Internet Lawyer
as soon as you can. Exploring your options in a proactive manner with the help of the dedicated team at Sierra IP Law, PC can help to ensure that your rights remain safeguarded from those who may intentionally or unintentionally infringe upon them.
Internet Lawyer in Bakersfield, CA
If you are unsure about how your company’s online presence may be affected by intellectual property concerns, that’s okay. The Bakersfield, CA Internet Lawyer team at Sierra IP Law, PC can walk you through this complex issue in an efficient, effective manner. During your risk-free consultation, we may explore concerns ranging from digital rights management to cybersquatting, click-through licensing arrangements to electronic commerce, comparative advertising to control over digital information. Your online-related intellectual property strategy will be personalized to suit the needs of your company alone. We will not waste your time or ours on issues that will not affect your company’s rights and wellbeing.
Cybersquatting is when someone is registering, selling or using a domain name with the intent of profiting from the goodwill of somebody else’s trademark. This is usually the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for profit to those businesses. This is actually extremely common on a social media app called TikTok, where young people are using TikTok names that very greatly resembled that of various universities. These young people are asking the University for full rides to college in order to give up the name.
So what can be done if somebody is cybersquatting on a trademark that you own? Well first let’s look at the history of cybersquatting, because that’s important to look at. Cybersquatting began in a time when most businesses were not tech savvy about the commercial opportunities on the Internet. If you remember, the Internet is only about 50 years old and is still relatively new to most people. So cybersquatting began when well-known companies' names were being purchased as domain names, and the owner of these domain names had the intent of selling them back to the companies when they finally realized the commercial properties of the Internet. Panasonic, Fry’s Electronics, Hertz and Avon were just a few victims of cybersquatting. Cybersquatting is a rapidly diminishing opportunity because most businesses have nailed down domain names, and consider a high priority to do so. However, with the introduction of social media, cybersquatting has seen a rise in behavior.
How do you recognize cybersquatting? You should first check for the domain name takes you, see if it takes you to a website and if it does not take you to a functioning website but instead it takes you to a site that states the domain name is for sale or the domain is under construction or it cannot find the server, then the likelihood that you are dealing with a cyber squatter is very real.
The absence of a site can indicate that the domain name's owner's only purpose in mind was to sell it back to you at a high price. However absence of a website does not always mean that there is a cybersquatting on the nemesis, it could also be that the domain name owner has not had time to create a website and does have legitimate lands to have a website in the future. If the domain takes you to a functioning website but that website is merely advertisements for products and services that are related to whatever trademark is being cybersquatting, and you may have a cyber squatter on your hands.
Intellectual Property and the Internet
One of the reasons why it is so important to have a proactive strategy in place that focuses on your company’s online-related intellectual property, digital rights, and privacy is that the evolution of the Internet occurs at such a rate that if you’re reacting to a legal challenge, you’re already “behind the ball.” By speaking with attorneys experienced in this highly-specialized area of law in a proactive way, you can minimize the risks of challenges occurring in the first place and mitigate the consequences of any challenges that may arise down the road.
Depending upon your company’s unique needs, our firm may recommend utilization of a number of different legal tools in order to protect your business interests. From domain name monitoring to protective orders, registration of intellectual property rights to use of specialized legal tools and regulations - such as UDRP and ACPA – we will do our utmost to ensure that your personalized legal strategy meets your company’s unique Internet-related privacy and rights protection needs.
Your Company’s Obligation to Protect Others
It is important to understand that there are two primary concerns that U.S. businesses need to have when it comes to Internet law (very generally). The first concern is relatively obvious. It is important for a company to protect its own interests in re: its online presence to the fullest possible extent. The experienced Bakersfield, CA Internet lawyer team at Sierra IP Law, PC assists clients in realizing this critically important aim on an ongoing and ever-evolving basis. However, the second concern in question is—in many ways—equally important. American businesses with a presence online have an obligation to protect the rights of their employees, customers, and general users/visitors to degrees specified by law.
There are a myriad of local, state, and federal laws that govern the privacy rights of both employees and individuals who utilize Internet content. It can be exceedingly difficult to remain abreast of the significance compliance obligations that any business may be affected by in re: this fast-evolving area of law. This is one of the reasons why the trusted Bakersfield, CA Internet lawyer team at Sierra IP Law, PC recommends that business owners and high-level business managers take a proactive approach when engaging with our firm’s services. The sooner that we understand the extent of your online presence (and any growth that you plan to implement in this area), the sooner we can ensure that you are complying with any and all privacy-related regulations that may apply to your company.
Once our team has evaluated your online footprint, you may even be surprised to learn that you are required to comply with certain international privacy laws. Even if you are a local business that caters primarily to a certain geographical region within the U.S., if—for example—your site activity processes any personal information concerning users residing within Europe, your business may be required to comply with a broad privacy law that concerns data privacy for E.U. residents and citizens.
The long and short of this reality is that if your company has not yet created a broad, inclusive online and electronic privacy strategy, it is time to connect with our firm to discuss meeting this need. Failing to be proactive in this area of your business operations could leave your company vulnerable to fines and other kinds of liability that are best avoided whenever possible.
Retaining Counsel Experienced in Meeting All of Your Company’s Needs
It isn’t easy to operate as a business in the U.S. nowadays. Although the far-reaching nature of the Internet can open up commercial opportunities that were unheard of a few decades ago, operating any business online leaves companies vulnerable to a number of compliance, privacy, and operational challenges. The experienced California team at Sierra IP Law, PC can assist you with each of them in turn and can help you to construct a broad strategy to keep your company’s interests protected as you do business online.
Legal Assistance Is Available
If you have questions about digital privacy laws, the experienced California legal team at Sierra IP Law, PC
is here to assist you. Your company’s online presence presents a multitude of opportunities to use intellectual property to your benefit. However, this reality also poses a multitude of potential legal hurdles and liabilities if you do not approach protection and cultivation of your intellectual property in certain ways. To learn more about how to safeguard your Internet-based intellectual property and to make the most out of your rights as an intellectual property holder, connect with our firm today. During a risk-free consultation, our firm’s trusted Bakersfield, CA Internet Lawyer team will empower you to make informed decisions about your rights and options; we look forward to speaking with you.