Our Internet Law practice includes cybersquatting & domain disputes, copyright, trademark infringement online, unfair competition online, state and federal spam laws, online business defamation, and Internet antitrust matters.

Unfair Competition & Trademark Infringement: The ability to embed trademarks into meta-tags, other HTML code, or into keyword advertising like Google's AdWords or Overture's pay-per-click system, has given rise to many new ways to compete unfairly on the Internet. If your business is a victim of unfair competition on the Internet, then our technical expertise and significant knowledge about new methods used to compete unfairly online can be greatly beneficial to you. In many cases, we can get quick results, which is important if a business' sales are suffering on a daily basis due to unfair tactics of a competitor.

Domain Disputes / Cybersquatting: We handle various types of domain disputes, to include representation in ICANN arbitrations or in federal court. In a domain dispute, there are two primary options if a third party has registered a domain name with your trademark, business name or personal name.

ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP). The first option is to file a complaint with ICANN under its arbitration procedures and request that the domain be transferred to you. When a domain is registered, the individual or business registering the domain submits to mandatory arbitration in the event of a future dispute - this allows trademark owners to avoid the expense and lengthy process of federal litigation in a domain dispute. Another advantage of using the ICANN arbitration procedures is that results can be very quick. Jain Law Group, PC handles many ICANN arbitration cases on a flat fee basis. We would be happy to offer you a free consultation on your domain dispute matter if you are interested in the ICANN arbitration option, where we will assess your chances in front of the arbitration board.

Anticybersquatting Consumer Protection Act (ACPA). The federal ACPA is a second option for trademark owners, where trademark owners can seek not only transfer of the disputed domain, but also monetary damages against an individual who registers the domain name containing the trademark. Our firm has experience in federal court with this statute, and we would be happy to provide you with a free consultation if you believe federal litigation is the best option for you.

No Trademark, But Still a Victim? If you feel that someone has registered a domain (containing, say, your business or product name) and is competing against you unfairly, you may be able to assert your "common law trademark rights," even though you have not registered a trademark with the federal government. Common law trademarks have been the basis for both ICANN arbitration complaints and complaints under the federal ACPA. If you would like to know whether you can assert common law trademark rights in your domain dispute, please contact us.

Prevention. We minimize the risks of potential disputes and unfavorable governmental action by reviewing marketing campaigns for compliance with spam laws (to include both CAN-SPAM and state spam laws) and privacy laws, drafting Internet Terms & Conditions, click-wrap / net-wrap agreements, and privacy policies, and structuring various Internet-related business transactions for our clients.

Please contact us today to find out how we can help you and/or your business with any Internet law and domain name issues you may have. We offer a free in-office consultation to all prospective clients along with a willingness to work with clients regarding fee arrangements and costs.