You Need An Internet Lawyer Specializing in Internet Law, Technology Company Representation & On-Line Legal Issues

You have a specific problem arising on the web.  We have an Internet lawyer who understands your specific problem, how the Internet works and the back-end technology required to get the problem solved. In fact, we represent some of the largest players in the Internet space concerning legal issues arising in the on-line world. Because we are a niche law firm, we know how to move the ball down the field in an efficient, cost-effective manner.

Founding Attorney Enrico Schaefer:  "An Attorney who specializes in Internet law understands the challenges which arise when legal issues occur in cyberspace.  Because the Internet is still relatively new, the application of traditional legal principles in areas of jurisdiction, venue, breach of contract, e-commerce, trademarks, copyrights, patents and a host of other issues is often challenging for both attorneys and courts.  Most lawyers do not understand DNS, IP protocol, web hosting, proxies and other Internet technologies required to deliver results to the client. As important, an Internet lawyer must understand how the Internet works on both the network and software sides in order to investigate Internet law issues on behalf of their technology clients."

If you have a legal matter which arose on the Internet, you need to speak with us.  Contact an Internet lawyer today for a no risk consultation by calling international toll free (866) 936-7447.

Positive Singles and Successful Match Class Action Filed, Alleging Unfair Competition and California's Consumers Legal Remedies Act (CLRA)

Internet Consumer Class Action Update:  A class action was filed by John Doe against the the web site known as Positive Singles d/b/a PositiveSingles.com and Successful Match d/b/a at SuccessfulMatch.com.  The plaintiff’s law firms are Green Welling, P.C. in San Francisco and Traverse Legal, PLC out of Los Angeles, California, Austin, Texas and Traverse City, Michigan.

The class action complaint against Successful Match and Positive Singles is included below.  The class action allegations against SuccessfulMatch.com include:

• PositiveSingles.com runs a dating site for people with STDs. Consumers register for the site and put their profile information in, selecting their personal attributes, beliefs and including which if any STD(s) they may have.
• When someone registers and puts their profile on PositiveSingles.com, they are assured of privacy and discretion, including marketing language such as “we care about your privacy more than other sites.”  
• Other language assures members a “fully anonymous profile” and “100% confidential”.
• Positive Singles states that “we do not disclose, sell or rent any personal identifiable information to any third party organizations.”
• Contrary to the representations noted above, Positive Singles and its platform company Successful Match compensate any third party that wants to launch a STD dating site to use those member profiles in order to attract more members and subscriptions. 
• SuccessfulMatch.com offers to its business customers who want to launch dating websites “pre-populated member databases” and, in fact, publishes member profiles to all websites that use its software in an elaborate and deceptive affiliate marketing scheme.
• Consumers believe they are registering for one particular dating platform found at a domain name when, in fact, their profiles are shown across hundreds or perhaps thousands of websites of which they have no prior knowledge.
• Some of these web sites seriously misrepresent who the  registered member is as a person and their potential STD by placing those profiles on domains such as Gaypozdating.com, AIDSDate.com, herpesinmouth.com, ChristianSafeHaven.com, MeetBlackPOZ.com and PositivelyKinky.com with web site content and marketing language which falsely states that registered members, for instance, have HIV, are black, christian, gay or have other attributes which false represent the registered member and did not consent to.
• This affiliate marketing model deceptively lures members to web sites on domain names with 'pre-populated member profiles of people who do not have those attributes creating an argument that it is a scam. 
• The class action complaint alleges unfair competition under California law in that the above and other allegations amount to unfair, unlawful and deceptive business practices.
• The class action complaint alleges a violation of the Consumers Legal Remedies Act ("CLRA"), California Civil Code § 1750, et seq. for unlawful, unfair or fraudulent business practices, and other acts prohibited by law.

Updates to this class action litigation against PositiveSingles.com and SuccessfulMatch.com will be posted as they become available. 

Succ - Complaint

How to Respond to an Online Copyright Infringement Threat Letter

Welcome to Copyright Law Radio. We bring you the best in copyright news, legal advice and information. From copyright infringement claims and defenses to threat letter issues, DMCA takedown notice letters, copyright licensing, and legal analysis of the latest copyright law cases, we have a copyright attorney who can answer your copyright questions.

This is Brian Hall, an attorney with Traverse Legal, PLC, a law firm representing copyright owners and defending copyright infringement causes of action throughout the United States.  Today, I will be answering the question:  How to respond to an online copyright infringement threat letter.   So before I answer that question, let’s talk about what an online copyright infringement threat letter is.

How to Stop Trademark Counterfeiting

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm representing both plaintiffs and defendants throughout the world in trademark litigation matters.  Today, I will be answering the question of how to stop trademark counterfeiting. 

Trademark counterfeiting is really a growing problem in the United States mostly because of the proliferation of the internet where goods and even services can be made and put for sale for consumers to buy without knowing whether or not it is, indeed, the actual product or a counterfeit.  So what can someone that owns a trademark on their product or service do in order to stop counterfeiting? 

Play: How to Stop Trademark Counterfeiting
(click title to listen)

With: Brian A. Hall

Sponsored by: Traverse Trademark Law

---

Read Show Transcript

Publish to My Site

Share on My Networks

---

powered by Vertio.net

How to Identify an Anonymous Poster Online?

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment. Your online reputation is measured by the websites return as Google search results. Do you know what people are saying and writing about you?

This is Brian Hall, an internet lawyer with Traverse Legal, PLC, a law firm that specializes in the representation of plaintiffs and defendants alike in defamation matters online.  Today, I will be answering the question:  How do I identify an anonymous poster online? 

This is a critical question that comes up almost daily in my law practice.  And the reason being is because the internet has allowed people to post comments on websites, on social media networks and elsewhere without having to reveal their identity.  As a result, people have been very aggressive in the things that they say and, more often than not, may amount to defamation of character.  And in an internet defamation context, it’s critical to know who made the statement before that particular defamation can be addressed either via a retraction letter that’s sent demanding that that person cease and desist from any further comments online that are false or the filing of a lawsuit against a named defendant. 

Play: How to Identify an Anonymous Poster Online?
(click title to listen)

With: Brian A. Hall

Sponsored by: Traverse Defamation Law

---

Read Show Transcript

Publish to My Site

Share on My Networks

---

powered by Vertio.net

What are the Defenses to an Internet Defamation of Character Claim?

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment. Your online reputation is measured by the websites return as Google search results. Do you know what people are saying and writing about you?

This is Brian Hall, an internet lawyer with Traverse Legal, PLC, a law firm representing plaintiffs and defendants in internet defamation matters.  Today, I will be answering the question: what defenses are available to a claim of internet defamation? 

Before I get into those defenses, let’s remind everyone what internet defamation is.  Internet defamation, like regular defamation, occurs on the internet and amounts to a false or defamatory statement about another person that’s published on the internet somewhere and causes damage to that particular person, either damage to character or damage to their business, whatever it might be.  So, as long as all those elements that are required for a cause of action for defamation are satisfied, internet defamation does exist.  However, oftentimes, I’m asked whether or not something does truly amount to internet defamation.  And in those cases, it is critical to review each of the causes of action’s particular elements and see if it can be established.  If it can’t, then internet defamation has not occurred.  There are also other defenses that are very common in the internet defamation context. 

Play: What are the Defenses to an Internet Defamation of Character Claim?
(click title to listen)

With: Brian A. Hall

Sponsored by: Traverse Defamation Law

---

Read Show Transcript

Publish to My Site

Share on My Networks

---

powered by Vertio.net

What is Internet Defamation of Character?

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment. Your online reputation is measured by the websites return as Google search results. Do you know what people are saying and writing about you?

This is Brian Hall, an internet lawyer with Traverse Legal, PLC, a law firm that specializing in the representation plaintiffs and defendants alike in internet defamation causes of action.  Today, I will be answering the question:  What is internet defamation of character? 

Internet defamation of character is just as it sounds; defamation that occurs online.  And online can be in many places.  It can be on a message board.  It can be on a website that somebody created to be able to post information about another person.  It can be on various websites such as Facebook, LinkedIn and other social media places.  Essentially, anywhere that you can post something online would be a spot where internet defamation could occur. 

Play: What is Internet Defamation of Character?
(click title to listen)

With: Brian A. Hall

Sponsored by: Traverse Defamation Law

---

Read Show Transcript

Publish to My Site

Share on My Networks

---

powered by Vertio.net

Digital Millennium Copyright Act Lawyer Discusses DMCA Takedown Notice Provisions

Welcome to Copyright Law Radio.  My name is Attorney Enrico Schaefer. Today, we’re going to be talking about the Online Copyright Infringement Liability Limitation Act (OCILLA), which is a provision in the 1998 Digital Millennium Copyright Act, known as the DMCA, and how it affects OSP’s or online service providers, which includes ISP’s, web hosts, and the like.  So, what are we talking about here today?  We’re talking about claims of copyright infringement.  If you are a copyright owner and you see that your copyright protected material has been posted on a third party website, you need to understand what legal options you may have, not only against the person infringing your copyright, but in order to have those materials removed from the website so that further dissemination of your copyright-protected work does not occur. 

Play: Digital Millennium Copyright Act Lawyer Discusses DMCA Takedown Notice Provisions
(click title to listen)

With: Enrico Schaefer

Sponsored by: Traverse Copyright Law

---

Read Show Transcript

Publish to My Site

Share on My Networks

---

powered by Vertio.net

So, congress, back in 1998, anticipated the problem of copyright infringement on the internet and passed the Digital Millennium Copyright Act, the DMCA.  Part of those provisions in the DMCA included the Online Copyright Infringement Liability Limitation Act (OCILLA), which is essentially the safe harbor provision for OSP’s.  OSP’s are third party publisher of potentially copyright protected works and how those works get taken down off the internet is the subject of today’s show. 

Website Privacy Policy Drafting Tips

Welcome to Internet Law Radio.  I am Attorney Enrico Schaefer and I specialize in internet law, we represent clients across the world on a variety of internet legal issues, things that arise on the web, and we handle clients from website operators on through to people who are interacting with websites.  Today, we’re talking about privacy policy drafting and what needs to be included in a privacy policy on a particular website, typically found in the terms of service (TOS) or terms of use (TOU) area of a website. 

Play: Website Privacy Policy Drafting Tips
(click title to listen)

With: Enrico Schaefer

Sponsored by: Traverse Internet Law

---

Read Show Transcript

Publish to My Site

Share on My Networks

---

powered by Vertio.net

Essentially, you want to think of a privacy policy for a website as legal document which not only protects the website owner, but also provides notice and clarity and transparency to the website visitors, to the people that come to that website, so that they can feel safe and secure about how their information, how their data is being used by the website operator.  So, essentially, a privacy policy is a statement that discloses to the users the way information is going to be gathered, the way information is going to be used, how client or customer data is going to be stored and variety of related issues. 

What Are My Defenses to Copyright Infringement?

Welcome to Copyright Law Radio. We bring you the best in copyright news, legal advice and information. From copyright infringement claims and defenses to threat letter issues, DMCA takedown notice letters, copyright licensing, and legal analysis of the latest copyright law cases, we have a copyright attorney who can answer your copyright questions.

This is Brian Hall, a copyright attorney with Traverse Legal, PLC, a law firm that represents copyright registrants, copyright owners, and those dealing with copyright infringement claims throughout the United States.  Today, I will be answering the question:  What are my defenses to copyright infringement claim? 

So, to begin, you may be put on notice of a copyright infringement claim either by having received a cease and desist letter, sometimes known as a threat letter, or by being named a defendant in a copyright infringement lawsuit.  Regardless of how you became aware of the alleged copyright infringement, you need to, first, identify what defenses you have available.  A qualified and experienced copyright lawyer will be the best person that can advise you as to this.   However, what I’d like to do is provide you with some of the most common defenses that arise when copyright infringement is claimed.

What Are My Defenses to a Trademark Infringement Claim?

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm representing trademark infringement plaintiffs and defendants in the United States.  Today, I will be answering the question:  What Are My Defenses to a Trademark Infringement Claim? 

You will know if you are being subjected to a trademark infringement claim if one of several things occurs.  More likely than not, you will receive what’s known as a cease and desist letter, sometimes also referred to as a threat letter.  That letter will set forth the sender’s rights in a trademark, identify your unauthorized use, and also set forth why they believe that you are infringing their trademark.  It is at this junction that it is important for you to retain legal counsel, preferably a trademark infringement attorney, who can advise you as to the defenses you have available.  Your failure to respond to a threat letter may result in them jumping to a lawsuit.  And once a lawsuit is filed, you are a named defendant and will have to respond and answer a complaint setting forth why it is not trademark infringement.