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Internet Law

The world has gone digital. Your brand needs a law firm that understands technology, IP, reputation management, social media engagement, and internet law – we are that firm.  We partner with you and help you navigate complex internet law issues.  We represent both Plaintiffs and Defendants in arbitration, mediation, and litigation.

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Introduction

This is the most phenomenal time in human history.  Companies and individuals now have a chance to launch their businesses from their garage or living room, and have a chance to build a global digital brand over the internet by broadcasting, blogging, building video channels, tweeting, pinning, streaming and even by “going live” on facebook.  While this can be extremely exciting, there can also be serious privacy, compliance and intellectual property risks including copyright and trademark infringement, online defamation and more.  Our law firm can help advise companies, entertainers and entrepreneurs and new media broadcasters and journalists grow and manage their online business, and protect their intellectual property and digital brands and online reputation.

Our Internet law services

1.  UDRP domain name disputes

2.  Copyright infringement & DMCA

3.  Trademarks & brand protection

4.  Internet defamation (ex. yelp, facebook, youtube, BBB and complaint websites such as “Ripoff report“)

5.  Cyberbullying & online stalking

6.  Internet parody

7.  Invasion of Privacy (illegal video recording, drone privacy, publication of private facts)

8.  Software licensing audits (ex. BSA & SIIA audits)

9.   eBay fraud litigation

10.  eTsy disputes

11.  BiTtorrent Litigation (Strike 3 Holdings, LLC, Malibu Media and Flava Works)

12.  Podcasting law

13.  Google “Pay-per-click” fraud

14.  Online music law

15.  Intellectual property protection for sports companies, authors, videographers, musicians, app developers, software developers and companies, video game developers, food, wine and VAPE companies, and other technology companies.

16.  Amazon.com and eBay account takedowns

17. 

18.  Youtube Counternotifications and federal court lawsuits

The internet presents a remendous potential to connect with clients and end-users of your content or products, but also poses great digital risks to companies and individuals.  We can help you with the legal side of the business.

First Amendment Free Speech and Freedom of the Press

The internet has spawned a whole new generation of free speech, bloggers, podcasters, youtubers, and independent journalists. Our law firm is a staunch supporter of the first amendment and we can assist with select cases coming within the spirit of carrying on deep traditions in the United States.  The First Amendment, on its fact, is quite simple and says:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

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We can help with cases involving free speech on the internet including:

  1. Censorship – Anti-SLAPP
  2. Banning protected speech
  3. Freedom of the press
  4. Freedom of Information (FOIA) – public access to government (federal agencies) and court records
  5. Reporter's privilege (subpoenas for reporters sources)
  6. Media law (ex. media's right to tweet from Court)
  7. California shield law

California Anti- SLAPP Motions

If you or your company has been sued for exercising their free speech an anti-SLAPP lawsuit may be filed to avenge your free speech.  Here is the code section in California

Under California Civil Code Section 425.17:

(a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16 , the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, contrary to the purpose and intent of Section 425.16 . The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process or Section 425.16 .

(b)  Section 425.16 does not apply to any action brought solely in the public interest or on behalf of the general public if all of the following conditions exist:

(1) The plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member. A claim for attorney's fees, costs, or penalties does not constitute greater or different relief for purposes of this subdivision.

(2) The action, if successful, would enforce an important right affecting the public interest, and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons.

(3) Private enforcement is necessary and places a disproportionate financial burden on the plaintiff in relation to the plaintiff's stake in the matter.

(c)  Section 425.16 does not apply to any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services, including, but not limited to, insurance, securities, or financial instruments, arising from any statement or conduct by that person if both of the following conditions exist:

(1) The statement or conduct consists of representations of fact about that person's or a business competitor's business operations, goods, or services, that is made for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person's goods or services, or the statement or conduct was made in the course of delivering the person's goods or services.

(2) The intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or otherwise influence, an actual or potential buyer or customer, or the statement or conduct arose out of or within the context of a regulatory approval process, proceeding, or investigation, except where the statement or conduct was made by a telephone corporation in the course of a proceeding before the California Public Utilities Commission and is the subject of a lawsuit brought by a competitor, notwithstanding that the conduct or statement concerns an important public issue.

(d) Subdivisions (b) and (c) do not apply to any of the following:

(1) Any person enumerated in subdivision (b) of Section 2 of Article I of the California Constitution or Section 1070 of the Evidence Code , or any person engaged in the dissemination of ideas or expression in any book or academic journal, while engaged in the gathering, receiving, or processing of information for communication to the public.

(2) Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, or artistic work, including, but not limited to, a motion picture or television program, or an article published in a newspaper or magazine of general circulation.

(3) Any nonprofit organization that receives more than 50 percent of its annual revenues from federal, state, or local government grants, awards, programs, or reimbursements for services rendered.

(e) If any trial court denies a special motion to strike on the grounds that the action or cause of action is exempt pursuant to this section, the appeal provisions in subdivision (i) of Section 425.16 and paragraph (13) of subdivision (a) of Section 904.1 do not apply to that action or cause of action.

Contact an Internet Lawyer

We have law offices in San Diego, Newport Beach (serving Orange County), Santa Monica (serving the greater Los Angeles and Hollywood region), San Francisco (serving San Jose, Oakland and Silicon Valley), and Phoenix, Arizona (Serving the entire state of AZ).  We accept federal copyright and trademark cases nationwide.  Call us to discuss your internet or free speech legal issue.

Call us at (877) 276-5084 to discuss your project with us.  We offer low affordable flat rate fees and flexible fee structures.

Contact us for an initial consultation!

For more information, or to discuss your case or our experience and qualifications please contact us at (877) 276-5084. Please note that our firm does not represent you unless and until a written retainer agreement is signed, and any applicable legal fees are paid. All initial conversations are general in nature. Free consultations are limited to time and availability of counsel and will depend on the type of case you are calling about (no free consultations for other lawyers). All users and potential clients are bound by our Terms of Use Policies. We look forward to working with you!

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