PRACTICES - INTELLECTUAL PROPERTY

Internet & Domain Name Law

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Helping clients optimize and capitalize on their virtual presence.

The Intellectual Property group regularly assists clients from all industries with legal issues relating to the Internet, including cybersquatting, domain name disputes, trademark infringement, copyright infringement, internet fraud, false advertising, keyword advertising, and other SEO issues, online counterfeiting, and website agreements.

We also counsel clients on the sale and acquisition of domain names, and on the use of domain name watch services and other Internet monitoring services for infringements.

Legal ingenuity in a digital age.

By using a variety of tools, such as takedown notices under the Digital Millennium Copyright Act (DMCA), cease and desist letters, Uniform Domain Name Dispute Resolution Procedures (UDRPs), and litigation if necessary, we have high rates of success in getting infringing websites, web pages, sponsored ads, or other specific infringing content disabled or taken down.

Every client operating a website should have up-to-date website agreements with its users, including a Terms of Use and Privacy Policy. Whether a simple set of agreements for a non-interactive website is needed, or a more complex set involving a Software as a Service (SAAS) agreement is required, we work with each client individually to enhance protection for the intellectual property on its site while minimizing liability to end-users.

Protection worldwide.

While our roots are regional, our reach is global. Businesses located across the United States retain us to manage their Internet issues. Through our position as the exclusive member firm in Vermont for Lex Mundi, we have access to the world’s leading network of independent law firms with in-depth experience in 100+ countries worldwide. This network of Lex Mundi firms and other foreign IP firms also allows us to advise clients on Internet issues that involve other jurisdictions.

For more information about our domain names and Internet law services, please contact Cathleen Stadecker or Matthew Borick

Recent Accomplishments

  • Assist online gaming company with ongoing, worldwide, enforcement efforts involving online infringement of software code and other copyrighted content, trademark infringement, and other unauthorized use client’s intellectual property in connection with phishing sites and hack sites.
  • Take down web pages of major e-commerce site making unauthorized use of client’s trademarks as part of URLs and in website content.
  • Assist UK bank with taking down multiple fraudulent websites using the client’s content.
  • Counsel major apparel company regarding comprehensive solution to global online counterfeiting issue involving numerous domain names and websites.
Litigator Matthew Borick

Matthew S. Borick

Director

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Director Peter B. Kunin

Peter B. Kunin

Director

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Attorney Cathleen E. Stadecker

Cathleen E. Stadecker

Director

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William Morris

William J. Morris, III

Of Counsel

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Jennifer Drake

Jennifer Drake

Associate

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Domain Names & Internet Law

Trademarks: The Spectrum of Distinctiveness

The Spectrum of Distinctiveness helps describe strength of marks under U.S. trademark law, and it informs the scope of protection afforded to a mark. The higher a mark is on the spectrum, the stronger it is in terms of the owner's ability to enforce its rights against 3rd party uses of similar marks.
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