February 29, 2012

Newman | Du Wors and Strange & Carpenter Announce Antitrust Investigation Against Facebook at StopFacebookCredits.com

The law firms of Newman| Du Wors and Strange & Carpenter have issued a press release regarding the investigation into the virtual currency system known as Facebook Credits.  It is believed that users of its online gaming platform are forced to use only Facebook credits, and as a result, may be in violation of U.S. antitrust laws. 

In an effort to spread the word about the investigation, the firms have launched the stopfacebookcredits.com website. 

Related Stories:

US lawyers float Facebook Credits antitrust suit - The Register

February 06, 2012

The Difference Between Federal Anti-Spam Laws and State Spam Laws

Internet Law Attorneys Enrico Schaefer and Timothy Walton discuss:

  • What is the difference between state and federal law regarding spam?
  • How to comply with California and Washington State spam laws.
  • What are the state law penalties in California for violating the spam law?
  • Can I buy a list of email addresses without violating spam laws?
  • If my business is located outside California, do I still have to comply with the California spam law?
  • What is a false, misleading or deceptive header in an email under spam law? 
  • Do I have to provide an opt-out for email recipients in order to comply with spam laws?
  • What are the risks of advertising using unsolicited emails? 

Welcome to Internet Law Radio where we discuss the hottest topics in Internet law.  If you are facing an Internet law issue, cyber law complaint, web site or e-commerce issue, we have an Internet lawyer ready to help. 

Enrico Schaefer:  Welcome to Internet Law Radio.  My name is Internet Attorney Enrico Schaefer. Today, we are here with attorney extraordinaire Timothy Walton, who is a California attorney of counsel to Traverse Legal running a website at www.timothywalton.com, and he specializes in all things spam.  How are you doing today, Timothy?

Continue reading The Difference Between Federal Anti-Spam Laws and State Spam Laws >>
January 31, 2012

Is All Spam Illegal under the Federal Can-Spam Act of 2003?

Internet Law Attorneys Enrico Schaefer and Timothy Walton discuss the following issues: 

  • Is all spam illegal?
  • What do I need to do to comply with spam laws?
  • What are the requirements of the Federal CAN-Spam Act?
  • What Kind of domain name may qualify as deceptive under the CAN-Spam Law?
  • CAN-Spam header and subject line requirements.
  • Penalties for violating the CAN-Spam Act.

Welcome to Internet Law Radio where we discuss the hottest topics in Internet law.  If you are facing an Internet law issue, cyber law complaint, web site or e-commerce issue, we have an Internet lawyer ready to help. 

Enrico Schaefer:  Welcome to Internet Law Radio.  My name is Attorney Enrico Schaefer and we have a great show for you today.  Today, we’re going to be talking to Attorney Timothy Walton.  And Timothy is an attorney in California.  He specializes in spam cases, both on advising clients and litigation; spam litigation cases.  Timothy, how are you doing today?

 

Continue reading Is All Spam Illegal under the Federal Can-Spam Act of 2003? >>
January 06, 2012

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

Contact for us more information on this Class Action

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

December 15, 2011

How to Respond to an Online Copyright Infringement Notice 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 notice threat letter.   So before I answer that question, let’s talk about what an online copyright infringement threat letter is.

Continue reading How to Respond to an Online Copyright Infringement Notice Threat Letter >>
December 06, 2011

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? 


Continue reading How to Stop Trademark Counterfeiting >>
December 02, 2011

Internet Defamation: How to Identify an Anonymous Poster Online.

Internet Defamation of Character Law Discussion:

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. 


Continue reading Internet Defamation: How to Identify an Anonymous Poster Online. >>
December 01, 2011

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

Internet Defamation of Character Law Discussion:

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 of character law 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. 


Continue reading What are the Defenses to an Internet Defamation of Character Claim? >>
November 30, 2011

What is Internet Defamation of Character?

Internet Defamation of Character Law Discussion: What is 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. 


Continue reading What is Internet Defamation of Character? >>
November 29, 2011

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. 


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. 

Continue reading Digital Millennium Copyright Act Lawyer Discusses DMCA Takedown Notice Provisions >>
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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan