Intellectual Property
INTERNET & NEW MEDIA
What is Internet & New Media Law?
Internet law, also called cyber law, relates to the combination of laws that govern the use of the internet and across the various platforms that use it. Internet law encompasses several legal fields, including intellectual property, privacy, contract and advertising, with frequent overlap between them.
A typical website has a name (a trademark) and a domain name. It may also collect information from its customers (privacy law), and store or transmit that data across servers and the internet (IT or cyber security laws). It may display or make advertisements, and offer to sell products or services online (contract law, distributor agreements, licensing, etc.).
Domain Names vs Business Names
Along with choosing a business name, one of the first actions that a start-up will take is to choose a domain name. This step should be coordinated along with conducting trademark and business name searches to ensure a coherent and sustainable brand presence. Many clients think that if a domain name is available, the business name is also available. While this is often true, it's not always the case. Before selecting a business and/or domain name, NOLI IP SOLUTIONS can conduct a search to ensure that your business and domain names are available, do not run a likelihood of creating confusion with another brand, and can be protectable as your business scales.
Digital Marketing
Digital marketing is subject to increased regulatory and consumer scrutiny. Laws may impact the permitted content of an advertisement, what consumers can be targeted, and how the content is delivered. Strict adherence to applicable regulations and guidelines is important not only to avoid regulatory action, but also to maintain consumer confidence and avoid litigation. Our team is experienced handling the myriad of considerations that need to be taken before instituting a digital or traditional marketing campaign, and can provide advise and oversight to help guide your marketing efforts from start to finish.
Dispute Mitigation and Resolution
Our goal is to help our clients avoid or mitigate potential issues through diligent pre-launch planning and analysis, but sometimes disputes are inevitable. From domain name disputes to regulatory or consumer consumer complaints, our team can help minimize the damage and quickly get your company back to business.
Privacy Policies
Internet and internet-related technologies are facing increasing regulatory and consumer scrutiny involving the privacy of consumer data. Often, privacy policies are an afterthought, and many companies just copy and paste a privacy policy from a competitor's site and call it a day. While it is true that most privacy policies say a lot of the same things, they are not all created equal, and may not be comprehensive or accurate based on your business and privacy practices. When privacy disputes do arise, one of the first places that consumers and regulators look is to the allegedly offending company's privacy policy. If their privacy policy was not a comprehensive and accurate representation of their privacy practices, they stand to face significant damages and penalties. We can draft a customized privacy policy that is compliant with applicable laws and regulations, and help clients develop plans based on current and future data management practices.