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Home Page  Enrico Schaefer |
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Enrico Schaefer is the founding attorney of Traverse Legal, PLC, a law firm specializing in web law. You can find out more about protecting your domain name, UDRP arbitrations and anti-cybersquatting laws at Traverse Legal’s domain name theft and trademark infringement domain dispute blog.
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The Acpa: Trademark Violations in DomainsDefendants are often confused by lawsuits that come from trademark holders who are seeking to have domains that correspond to their trademarks transferred to themselves. This confusion arises from the fact that registrars do little to nothing to validate the legal right of a registrant to a domain during registration.
On the other side, the ACPA protects the rights of many trademark holders when it comes to the use of that trademark in top-level domains. Domain Name Dispute Resolution: Choosing your ForumWhereas a civil or ciminal case must be arbitrated in a specified court, domain name dispute cases are resolved through service providers such as WIPO and NAF, providers which serve the same purpose but should not be selected at random. Udrp Panels: What you Should KnowJust as a trial attorney never enters a courtroom without researching his judge, those who arbitrate before a UDRP Panel need to be aware of the views of the panelists, and the rights granted in the UDRP that can be used to shield hostile panelists. Preventing Domain Name Theft: Beyond the UdrpWhile the UDRP is an efficient method for achieving the transfer of domain names that violate trademarks, it has no method for preventing their violation in the first place. Luckily, with some help and active prevention, it is possible to prevent any run-ins with the UDRP. Pornosquatting: a Domain Name Theft NightmareWhen facing a stolen domain name, or having intended visitors sent over to sites filled with obscene material rather than your own, it is often the most important time to get legal advice and fight to have your trademark restored. Non-compete Contracts as a Tool for Protecting Competitive EdgeTodays economy is filled with industries who face unprecedented competition as they struggle to gain an edge upon their competitors. As never before, non-compete and non-solicitation agreements are becoming effective avenues through which businesses can protect investments and information that help them in the competitive market. Non-compete Contracts: the Employer PerspectiveNon-compete and non-solicitation contracts, along with the legal basis upon which they rest, are complex issues that face both employees and their employers and should be totally understood in order to ensure the rights of both parties are protected in the case of a dispute. The Michigan Sales Represetatives Commission Act: Protecting yourselfWith the Michigan Supreme Court yet to make a decision following the Sixth Circuit Court of Appeals one, the specifics of the enforcement of the SRCA has grown more unclear. However, there are things that a producer can do before they face the severe penalties for what the SRCA deems "improper" withholding of sales representative commissions. Stolen Domain Names: How to Know if you are a VictimAre you losing visitors to your domain? Are your search engine rankings still yours? Cybersquatting Arbitration: Restoring Domain Name UrlsA victory in front of a cybersquatting panel is the major step to getting a stolen domain name returned to you; however, more often than not, implementing the decision of the panel requires further vigilance and work on the part of the complainant.
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