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Welcome to Consultwebs.com's IPLawUS.com. IPLawUS.com is an Internet oriented, combination intellectual property (IP) site and domain resource site sponsored by Consultwebs.com. The site is a listing of IP, domain and domain registrar links and resources for IP lawyers and consumers. To suggest a link or provide a suggestion about the site, please click here. Law firms, visit our "Law Firm Web Audits" site to see if your firm Web site is performing as it should. If you are interested in helping sponsor IP Law US . com, please visit our free and sponsor site listing form.  We welcome link suggestions.

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IP Info Sources     IP Attorneys     Domain Info     Domain Registrars     Significant Cases     Domain Resellers     Domain Suffixes     Updates on New Domains


Consultwebs.com does not provide legal advice. We suggest that you contact an attorney for guidance on trademark and domain issues. We do, however, provide general information and helpful trademark links.

Patents, copyrights and trademarks, as well as know-how or trade secrets, are often referred to collectively as "intellectual property". Copyrights, trademarks, service marks and other designations fall within the intellectual property category.

Basically, copyright protects original expression that is fixed in a tangible form. It is protected as soon as it is expressed. While it is no longer necessary to attach a copyright notice on copyrighted works, it is customary in order to be eligible for certain types of damages. The recommended method of placing a copyright consists of the four elements including the copyright symbol, the term "Copyright", the year of copyright, the name of the copyright holder, and the phrase "All Rights Reserved". Please see our copyright below for an example.

It is wise to obtain a trademark registration for your domain name. Not doing so can leave open the possiblity of losing a substantial portion of your investment. According to a May 19, 2000 NY Times article, 74 percent of cases favor existing trademark holders. Trademarks (or brand names) are commercial indicators of source. We strongly recommend obtaining an attorney for trademark registration, however, The United States Patent and Trademark Office (USPTO) does allow Web-based applications. Nolo Press, Amazon Books and others provide guides. Federal trademark fees are typically $325 per class plus attorney costs. Your attorney may recommend more than one federal trademark per registration, as well as a state registration(s).


Law Firm Web Marketing & Web Site Promotion Techniques  Legal software, resources, consultants listing by Consultwebs.com, a Raleigh, North Carolina based Internet and technology consulting firm, serving attorneys, law firms, and business  Web Instructors - Professional web training and FrontPage courses  Promotewebs - by Consultwebs.com, Raleigh, North Carolina - Web consulting, search engine placement, registration, Web design, hosting company, proven Internet search engine ranking expertise.  Instant Web sites, top 15 rankings, 300 high quality domain names from which to choose
LegalResourceLinks - More than 35 categories, 1000's of links  Triangle Entrepreneur and Entrepreneurial Resources  

Intellectual Property Sources

Benedict - Copyright Web portal

Brad Templeton's - 10 Big Myths of Copyright Explained

Brint.com - IP articles and resources

Copyright for Computer Authors

Cornell - IP Resources

Cyberlaw Links

Findlaw - Domain Names section -includes PANAVISION INTERNATIONAL v TOEPPEN 9755467 and more

Hieros Gamos - U.S. and worldwide Intellectual Property links

ICANN's Domain Name Dispute Policy

IntelPropLaw - Server - News, resources and articles

IPToolbar - Information and tools on Intellectual Property. Links, articles and content on patent, trademark, service mark, Internet and copyright resources.

KuesterLaw - Comprehensive IP Web site

Nolo Press - Patent and Trademark secrets

Patents.com - Copyright FAQ's

University of Washington IP Links

U.S. Patent and Trademark Office - FAQ on definitions and basic questions

Web Law FAQ

Webreference Internet Issues

World Intellectual Property Organization (WIPO) - responsible for the promotion of the protection of intellectual property throughout the world.
 

Intellectual Property Attorneys

Beem Patent Law Firm, Patent Law, International & U.S. Patents, Chicago, Illinois - (312) 201-0022

See the above state listings for additional IP law firms

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Texas Personal Injury Attorneys
Truck Accident Lawyers

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General Domain / Internet Information

Abstracts to Downloadable Cyberspace Articles - Edited by Professor Larry Lessig of Harvard, this site contains summaries of some of the leading academic papers on cyberlaw with links to the full-length archived articles which are downloadable (free)

ACLU Special Web Collection On Privacy and Data Protection - Privacy and data protection on the Internet.

American Bar Association Uniform Citation Standards - ABA Legal Technology Resource Center

Berkman Center for Internet and Society - Research program founded to explore cyberspace, share in its study, and help pioneer its development. The Center is a network of teaching and research faculty from Harvard Law School and elsewhere

BetterWhois - Searches all domain registrars for domain name status.

Canadian Cases - Domain, obscenity, computer access.

Cataloging Internet Resources: A Manual and Practical Guide

Citing Electronic Fulltext

Citing Records in the National Archives of the United States

Citing Sources Yale style manual

Coalition Against Unsolicited Email - Check this site for updates on pending legislation.

Copyright Law for WebMasters

Copyright, Linking and Liability

CyberCrimes - A virtual, online class taught by Professor Susan Brenner and brought by the University of Dayton Law School.

CyberSpace Law Tutorial for Non-Lawyers - A great free on-line course covering Trademark, Copyrights, Libel, Free Speech, Contract Law, Content Regulation and Dispute Resolution in CyberSpace brought by the Cyberspace Law Institute, Social Science Electronic Publishing.

Domain Name Registries Around The World - Provides links to domain name registries around the world listed in alphabetical order. Site links directly to forms to register domains for most of the countries.

E-Commerce and Digital Cash - Website of Michael Froomkin, U of Miami

E-Law by Virtulaw.com - Great Information on Trademarks and Copyright Information as it relates to the Internet.

Electronic Data Interchange (EDI) - Links to Libraries, Information and sources to learn more about EDI.

Electronic Guidelines for Consumer Protection - Information in French and English by the OECD.

Encription at the Crossroads - Resources on Encryption, digital signatures, cryptography and PGP from the AALL Program.

Enjoining Children's Online Protection Act - Judge Reed's Decision

Faegre & Benson LLP - Numerous articles and updates

Fair Dealing in Webbed Links - Shetland Times Ltd. v. Dr. Jonathan Wills and Another

Flawed Domain Name Policy - NSI Flawed Domain Name Policy Information Page

Green Paper - Discussion Draft (Ira Magazner)-1/30/98

Help2Go - Help2Go is a web site that seeks to offer visitors useful information about a wide variety of computer and internet-related topics in an easy-to-digest and entertaining format.

International Trademark Association - Also houses a discussion group on trademarks.

JEDDI - Electronic Court Filing Information

JunkBusters - Tips for busting the junk out of your life; discusses Telemarketing and email Spam among other "junk."

Internet Law Library - Features extensive summaries of court decisions shaping the law of the web; providing facts, analysis and pertinent quotes from cases of interest to those involved in New Media addressing copyright, trademark, dilution and other intellectual property issues, jurisdiction, linking, framing, meta tags, clip-art, defamation, domain name, e-mail, encryption, gambling, click-wrap agreements, shrink-wrap licenses, spamming and other subjects by Phillips Nizer Benjamin Krim and Ballon LLP.

Internet Law Links

Internet Privacy Law

Juriscom - Provides a good source of cyberspace law in French in the Canadian and French jurisdictions, site is in French.

Karla's Guide to Web Citation

Law Office of Brian D. Iton, Family Law, Traffic Law, Real Estate, Englewood Cliffs, Bergen County, NJ - (800) 274-6180.

Legal Elements of Design - Linking, Framing and Meta Tags

The Link Controversy

NameProtect Online search against U.S. and Canadian trademarks - $35.

Net Litigation, Internet Law - News, Suits, Discussion

The Perkins Coie Internet Digest - This compilation of cases that address specific issues of Internet-related law, or have significant implications for Internet legal issues.

Public Access Networks Corporation - Filtering Spam, Examining E-Mail Headers

The Publishing Law Center

"Site seeing on the internet" - Guide to help prepare for your voyage and avoid fraud and deception en route by the FTC and the Attorney General

Special Client Issues for Web Designers

TradeMark Law for WebMasters

Ted A. Greve & Associates, Auto & Truck Accidents, Wrongful Death, Mass Torts, Social Security Disability, Workers' Compensation, Immigration, North Carolina & South Carolina - (800) 984-7383

UDRPlaw.net - The Uniform Domain Name Dispute Resolution Policy Legal Information Site

US Dept of Commerce - Mgmt of Internet Domain Names & Addresses- Policy Statement-6/5/98

US Trademark Electronic Search System - A search engine containing more than 3 million pending, registered and dead federal trademarks.

Virginia's State Internet Policy

Web Accessibility Initative (WAI) - Proposed regulation on authoring tool accessibility. WAI pursues accessibility of the Web for people with disabilities through five primary areas technology, guidelines, tools, education & outreach, and research & development.

Web Law - Extensive summaries of court decisions shaping the law of the web; providing facts, analysis and pertinent quotes from cases covering domain name, email, jurisdiction, linking, spam, trademark, contract, copyright, defamation, encryption, first amendment, gambling, right of publicity, shrink-wrap, venue and clip art.

Web Law FAQ


Domain Registrar Resources

 America Online - Domain Registrar

Better Whois - An excellent source for checking domains - checks all registrars.

CNI-Copyright Discussion Group

CNI-Copyright Discussion Group (Other)

Community Trade Mark Consultation Service

Consultwebs.com - Resource for domain and Web design information.

Domain Name Buyer's Guide - General domain and registrar information, plus a rating of registrars.

Domain Notes - Superb domain information/newsletters, including cyber-squatter news.

CORE - Non-profit membership association of Internet domain name registrars.

The Internet Corporation for Assigned Names and Numbers (ICANN) - ICANN is the corporaion that accredits and governs registrars.

Findlaw Intellectual Property Page

France Telecom/Oléane - French service provider.

Goldrush - Domain name value & articles.

Great Domains - Leading domain reseller, plus articles and info.

Intellectual Property, Copyright, and Fair Use Resources

Melbourne IT - Australian organization.

Network Solutions - Formerly referred to as the Internic.

QWho - ALL REGISTRARS look-up tool.

Register.com - Services primarily small to medium sized businesses.

Uninett - Domain name registries around the world.


Significant Legal Cases Involving the Internet

 Ability to Link to A Pirated Content Site
Describes a case where a court rules against the ability for a site to link to pirated content.

Auction Dispute Centers on Question of Control Over Data
New York Times, April 14, 2000, Longer summary of the case, with quotes from both sides and third parties.

Charging for Links Enforceable?  Probably not.
Wired News, 2:00 a.m. Dec. 28, 2000 PST, The Albuquerque Journal charges $50 per link.  They and others can charge what they wish. However, it is doubtful that charging is enforceable.

Court Ruling Denies Copyright Protection For Images On The Net
7am, Dec. 21, 1999, details on a case involving the spidering of images, where the court upheld the right to index.

Court Ruling Denies Copyright Protection For Images On The Net
(More information on Kelly vs. Arriba Soft Corporation imaging indexing case), with a curent update on it's status, from the plaintiff, photographer Les Kelly.

eBay, Bidder's Edge Face Off in Court
News.com, April 14, 2000, short summary of the current situation, with a link to a story about the Justice Department asking eBay about its actions.

Electronics Boutique Holdings Corp. v. Zuccarini (Gigalaw)  - Cybersquatter ordered to pay $500,000 and legal costs in the amount of $30,653.34 for bad-faith use of 5 misspellings of the trademarked Electronics Boutique domain name.

Findlaw Domain Law Resources
Intellectual Property : Domain Names

HYPERLINKS, FRAMES AND META-TAGS: AN INTELLECTUAL PROPERTY ANALYSIS - Jeffrey R. Kuester, Peter A. Nieves* , Ticketmaster Corp., et al. v. Tickets.Com, Inc. U.S. District Court, Central District of California March 27, 2000

Joe Griffith Law Firm – Personal Injury, Criminal Defense, Commercial Litigation, Charleston, South Carolina - (866) 386 – 6460

Legality of 'Deep Linking' Remains Deeply Complicated
New York Times, April 14, 2000, article about a different case between Ticketmaster and Tickets.com which touches on similar issues to the eBay dispute.

Interprets the Federal Trademark Dilution Act
PANAVISION UNTERNATIONAL v TOEPPEN 9755467 - 5 U.S.C. Sec. 1125(c) as it applies to internet domain names.

May 19, 2000, New York Times (Registration free, but required)
In New Forum for Domain Name Disputes, Trademark Holders Dominate

Law.com - The Recorder
Litigation may put a snag in the seamless fabric of the World Wide Web.

Search Engines And Legal Issues
Links to other cases involving spidering and linking here.

Ticketmaster Corp., et al. v. Tickets.Com, Inc.
GigaLaw, March 27, 2000, detailed information from the Ticketmaster case.

 

Domain Name Resellers

http://www.afternic.com

http://www.domainbook.com

http://www.domaincow.com

http://www.domainresellers.com

 http://www.domainnotes.com - A great site that covers many domain areas

www.greatdomains.com - One of the largest resellers

 

Domain Name Suffix Status by Consultwebs.com

Avoid purchasing domain names from companies claiming to be able to pre-register names.

See CNET for the initial story.  It is doubtful that the domain names will help the typical Web owner.  It appears that ICANN has restricted the number of registrars, opening the door for the potential for high pricing and restrictive distribution.  Many domains, e.g., .la domain names are $100 per year.  This compares to $15 initially and $15 per year for .com names that are distributed through several registrars.   See BBC News for their interpretation of the situation.

ICANN is working to add seven new TLDs to the Internet's domain-name system. In November 2000, after extensive discussions throughout the global Internet community, the ICANN Board selected seven TLD proposals to be included in the first addition of a global TLD to the Internet since the 1980s. The selected TLDs are: .aero (for the air-transport industry), .biz (for businesses), .coop (for cooperatives), .info (for all uses), .museum (for museums), .name (for individuals), and .pro (for professions).

  • .biz is already fully operational and accepting live registrations. For more information on these .biz, please visit the website of NeuLevel, Inc., the company selected to operate this new TLD: <http://www.nic.biz/>.

     
  • .info is also fully operational and accepting live registrations. More info on .info registration is availble at the website of the .info registry operator, Afilias Limited, at <http://www.nic.info/>.

     
  • .name is already operational for test purposes. The company selected to operate .name, Global Name Registry, has posted an informational page at <http://www.nic.name/>. The Sunrise and Landrush periods for .name are running concurrently and will both end on 17 December 2001. Domains registerd in .name are scheduled to go live (resolve) on 15 January 2002.

     
  • .museum is also operational. The .museum TLD is sponsored by Museum Domain Management Association (MuseDoma). MuseDoma's informational site can be located at <http://www.nic.museum/>.

     
  • The registry agreement for .coop has been approved and signed. .coop is sponsored by the National Cooperative Business Association (NCBA). An informational site for .coop is available at <http://www.cooperative.org/>.

     
  • The .aero registry agreement has been authorized for signature. .aero is sponsored by Societe Internationale de Telecommunications Aeronautiques SC (SITA).

     
  • The .pro registry agreement is still under negotiation. More information on .pro is available at the website of the registry operator, RegistryPro, LTD, at <http://www.registrypro.com>.

     

Please check back. We will be listing additional attorneys who specialize in Intellectual Property.

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For comments, corrections or additions, please contact:

Electronic mail: Dale Tincher - info@consultwebs.com

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