Interactive Media and Internet Law
The establishment and maintenance of your company’s Internet presence has evolved from a novel idea to an essential business strategy. Frost Brown Todd has vast experience in advising clients on the legal issues relating to the creation of your e-commerce portal and its ongoing compliance with relevant state and national laws. Our lawyers handle the full range of Internet and e-commerce business arrangements and litigation issues, including contracts and licensing, content acquisition and distribution, advertising and marketing issues and contracts, linking agreements, revenue sharing, copyrights, trademarks and other intellectual property, website design, website posting, privacy regulation and protection, jurisdiction and venue issues, libel and defamation counseling and defense, back office and fulfillment arrangements and contracts, purchase and sale, merger and acquisitions, telecommunications services and regulation, state and local taxation, cable modem and Internet service provider issues.
Licensing and Related Arrangements
Frost Brown Todd attorneys have extensive experience in addressing the unique needs of Internet and other technology companies. We negotiate transactions and prepare agreements that involve the development, licensing and distribution of technology based products and services. These agreements include electronic commerce transactions and relationships, content acquisition, linking and framing, co-branding and co-marketing agreements.
Frost Brown Todd attorneys assist clients from initial development of their Internet portal, providing advice on all aspects of compliance. Website operation is international, which raises potential jurisdictional and substantive law issues from multiple jurisdictions. Through our relationships with firms around the world, Frost Brown Todd provides relevant legal review as appropriate for client websites.
Trademark, Copyright and Domain Disputes
Frost Brown Todd attorneys prosecute and defend clients in disputes regarding the alleged misuse of trademarks and copyrighted materials. We also advise clients on website domain dispute or “cybersquatting” cases involving claims that individuals have hijacked web domain names in bad faith. These cases are decided under the provisions of the Anti-Cybersquatting Consumer Protection Act (ACPA) or in the international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN) under its Uniform Domain Name Dispute Resolution Policy (UDNDRP).
Our lawyers regularly draft and update online terms and conditions as well as privacy policies for websites. We also advise clients on compliance with privacy laws in connection with the collection of personal information over the Internet. This includes compliance under the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Health Insurance Portability and Accountability Act and the Children's Online Privacy Protection Act. We also draft agreements to ensure compliance and assist in the implementation of these policies as issues arise. Frost Brown Todd defends clients in litigation involving compliance with state and federal privacy laws regarding the collection of personal information. We assist clients in litigation regarding claims of hacking, theft of data, cyber-trespassing and other forms of unauthorized access to computers and networks by competitors, ex-employees or data thieves.
Frost Brown Todd advises clients on electronic advertising and sweepstakes issues. This includes all advertising posted on the Internet or sent by e-mail, social media or SMS texting. We prosecute cases and defend clients in cases involving allegations of false advertising against them or their competitors. We also defend clients who are sued by the FTC, state attorneys’ general or private plaintiffs for deceptive advertising. We defend advertisers, networks and affiliates against spam litigation in federal and state courts. We also assist our clients in avoiding litigation by providing guidance on complying with state and federal spam laws, the EU Directive, cookie laws and other regulations affecting e-mail, Internet and wireless marketing.
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