Internet Law
Today’s businesses rely on the Internet. That’s why Bernstein IP has become integral to helping businesses to navigate the complex world of online business by providing the following services:
Terms of Use (Terms and Conditions)/Privacy Policies
Before launching a website it is critical that you have a Terms of Use/Terms and Conditions and Privacy Policy because they govern the rules for visitors to your website. Terms of Use/Terms and Conditions help protect you from being sued for various reasons such as violations of the Digital Millennium Copyright Act, breach of warranty, and trademark violations.
Many states now have stringent privacy protection laws and it is important to have a Privacy Policy in place that complies with the various states’ laws as well.
Bernstein IP has drafted many Terms of Use/Terms and Conditions and Privacy Policies. You need an experienced law firm that understands the laws governing these policies. Contact Bernstein IP today for a free introductory consultation on how we can help protect your online business.
Domain Name Cease and Desist Letters
If you believe someone is using your domain name in bad faith (e.g., obtained a domain name similar to your domain name or with slight typographical errors similar to your domain name), you need the power of an experienced Internet attorney to send a cease and desist letter to the cybersquatter to have the offending domain name transferred back to you.
Bernstein IP also has successfully responded to frivolous Domain Cease and Desist Letters alleging meritless trademark violations.
If you need to send or respond to a Domain Name Cease and Desist Letter, contact Bernstein IP today for a free introductory consultation.
Domain Name Disputes
We also handle domain name disputes through a process known as the Uniform Domain Name Dispute Resolution Procedure (UDRP).
A UDRP procedure is an administrative proceeding brought by aggrieved trademark holders either before the National Arbitration Forum (NAF) or the World Intellectual Property Organization (WIPO). UDRP proceedings are an economical alternative to a traditional lawsuit, especially when the parties are located in different countries or it is not possible to locate the offending party. The only remedy if a party prevails in a UDRP proceeding is transfer of the offending domain name. Bernstein IP is the firm to retain to fight for transfer of a domain name that violates your trademark rights.
Sometimes, trademark holders abuse the UDRP proceeding by bringing frivolous domain disputes because they simply want your domain name. Bernstein IP fights for your rights in defending attempts at Reverse Domain Hijacking.
Another type of domain name dispute that offers more than the remedy of transfer of a domain name may be brought under the Anticybersquatting Consumer Protection Act (ACPA), which is a type of lawsuit ordinarily brought in federal court to recover an offending domain name or to seek a declaration that a domain name does not infringe on someone else’s trademark rights. The advantage of bringing an ACPA claim is that money damages may be recovered, including sometimes Attorneys’ fees. Bernstein IP fights to recover Attorneys’ fees in ACPA cases.
If you are involved or about to be involved in a UDRP proceeding or ACPA matter, please contact Bernstein IP today for a free introductory consultation.
Domain Brokering Services
BernsteinIP has brokered on behalf of its clients some very high figure domain sales. Most of the domain sales are highly confidential and cannot be published. We take our clients’ confidentiality seriously and strive to sell premium domain names and domain name portfolios for the highest possible price.
If you have a premium domain name or premium domain name portfolio, please contact BernsteinIP today to a free introductory consultation.
Digital Millennium Copyright Act Notices
Copying pictures and text from another website may be a violation of U.S. Copyright Law. The Digital Millennium Copyright Act (DMCA) is a United States law that provides immunity to Internet Service Providers (ISP) who comply with requests to take down the offending material from its customers’ websites.
If you feel that someone is copying pictures and text from your website and you need advice on whether a DMCA take down notice is appropriate or your received a DMCA take down notice and need to respond to it, contact Bernstein IP today for a free introductory consultation.
Domain Trademark Clearance Searches
If you are about to purchase a Domain Name it is vital to know whether the Domain Name has been subject to a previous lawsuit or may be in violation of another party’s trademark rights before spending the money. Don’t get stuck buying a Domain Name that comes with a lawsuit headache, contact Bernstein IP for a Domain Name trademark clearance search today.
Domain Purchase and Sale Agreements/Domain Lease Agreements
Bernstein IP has been instrumental in negotiating many Domain Name Purchase and Sale Agreements from simple ones to complex equity buyouts. If you are about to sell, lease, or purchase a Domain Name, contact Bernstein IP today for a free introductory consultation to discuss drafting and negotiating your next big Domain Name transaction.
Domain Holding Services
Sometimes a seller and a buyer want to structure a Domain Name lease or sale providing for installment payments to be made over time but the buyer wants assurances that the seller will not take the Domain Name away from them while payments are made. That’s where Bernstein IP comes in. We hold Domain Names in our special Domain Trust Account so that both parties feel comfortable that the Domain Names are in a safe place while installment payments are made. If you are about to negotiate an installment payment structured Domain Name transaction, contact Bernstein IP today to discuss how we may be able to help you with our special Domain Holding Services.
Domain Escrow Services
Businesses need security when it comes time to pay for a Domain Name. Domain Name sellers and purchasers want to feel secure that their transaction will be completed with no complications. Bernstein IP has served as a Domain Escrow Holding Agent to insure that payment and transfer of Domain Names is completed in a safe and secure environment. Our Domain Name Escrow Services provide you with the flexibility of transferring Domain Names through multiple entities, which most commercial Domain Escrow Services cannot. If you require special Domain Escrow Services, contact Bernstein IP today to discuss how we may help you with your Domain Name transaction.
