Cyber Criminal

URL theft by a partner or co-owner: We receive calls every week from companies who essentially tell us that an ex-partner or company owner has taken control of their domain registrations and that the now-ex-partner refuses to release the stolen name to the company. Perhaps the name was registered initially in one partner’s name. In some cases, that business owner redirects the domain to another website, essentially putting the online business out of business. More often, the business owner demands some sort or money or other consideration in exchange for the domain name. Essentially, they use the URL as leverage to obtain something they couldn’t achieve in the context of the partnership. This is perhaps the most common example of domain name theft. Domain names stolen in this fashion account for about 25% of the calls and emails we receive in the domain theft area.

URLTheft by Employees: Unfortunately, corporate management is rarely involved in the registration process of their domain names. Registration of domains is often handled by the IT department, and even delegated to lower level web site employees. Because of the high turnover rate at that level, the employee with access to the domain registrant login information ends up leaving the company, taking that information with them. Again, if there is a dispute with the employee, it often turns into a domain name dispute after termination. Once the domain registrant information is stolen, it can be difficult to retrieve.

URL Theft by Vendors: Sometimes, a technology vendor or web site developer uses their own information to register your companies domain name, even going so far as to list their company as the registrant of your trademarks. If a billing dispute arises down the line, the web developer uses the URL as leverage to get paid. Even more common, the web vendor goes out of business and the company doesn’t realize that they have no way of obtaining control of the domain name or even renewing the domain name at the end of the registration period. If a domain name is stolen by the web developer or vendor, you could be in big trouble if the vendor’s company folds, the web developer moves away or you become the target of cyber-extortion.

The words “someone stole my domain name” are words said far too often in our business. Companies must take their intellectual property rights more seriously and protect their intangible assets like they do other tangible property. An ounce of prevention is really worth a pound of cure. Control your registrant login and you will control your domain name from theft.

Mr. Schaefer is a seasoned trial attorney practicing internet, domain and trademark law on a global basis. Mr. Schaefer has first chair trial experience in a wide variety of litigation matters, including class action litigation, internet and domain law, cybersquatting actions, intellectual property, commercial and fiduciary litigation, UDRP and IP licensing. He has represented some of the largest companies in the world in litigation, domain name, trademark and related matters. He is a frequent author and presenter on issues related to protecting business interests in a global internet economy. To find out more about trademark protection, copyright law, cybersquatting and complex litigation, please visit Traverse Legal, PLC or visit our domain name protection blog or cybersquatting blog Article Source: http://EzineArticles.com/?expert=Enrico_Schaefer

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In today’s highly litigious “everyone’s out for Number One” dog-eat-dog society, there’s a far greater chance that at any given time you’ll need to find a lawyer before you’ll need to find a doctor. Ideally, you have a relationship with a legal professional before you need him or her, but most of us who actually have to work for a living cannot afford to keep an attorney “on retainer” in this fashion. There are a number of “legal clubs” in the U.S. to which you pay a membership fee that operate like health insurance; the drawback here is that you may be limited to services from only one or two participating law firms. Advance planning can make it easier to find a lawyer when you need one.

Areas of the Law

Just as you wouldn’t want a cardiologist treating you for an eye problem, neither do you want an contract representing you in traffic court. As in the case of medicine, you’ll find that attorney listings are generally categorized according to a number of specialties. When you conduct you attorney search, you find that some of the areas of specialization are:

• Criminal law
• Divorce and Family Law
• Traffic and DUI
• Torts (Personal Injury Law)
• Immigration
• Real Estate
• Business and Contract
• Wills and Estate Planning

It will be easier to find a lawyer if you can anticipate your needs well in advance. The most obvious is the area of Wills and Estate Planning. Death comes to us all, eventually; if you have substantial wealth or assets, it’s a good idea to consult a lawyer directory long before you’re diagnosed with a terminal illness (including old age); otherwise, the State will decide what becomes of it after you are gone, and chances are that Bechtel or Halliburton will get the lion’s share.

Consult a lawyer directory

You find an attorney search in most telephone books; there’ll be a lawyer directory by alphabetical listing followed by a listing by specialty, which can make your attorney search easier. (Incidentally, although we’ve used the terms “attorney” and “lawyer” interchangeably, there is a slight difference; anyone can represent you as an “attorney” – even yourself – but only a licensed professional with a law degree can call him/herself a “lawyer.”)

If you already have an attorney with whom you have a relationship, a lawyer referral may be an alternative to searching an attorney directory. Just as an osteopathic doctor will refer a patient to an oncologist is cancer is suspected, so too may a contract attorney refer a client to an immigration lawyer if just issues come up.

A Challenge

It’s much more difficult to find a lawyer when you’re in the middle of a legal situation, since the stress and the numerous issues that must be dealt with can make it difficult to think clearly at a time when such thinking is needed the most. The lawyer referral process is the easiest and most effective, but only if you have already established such a relationship ahead of time. Planning ahead is the most effective strategy in simplifying the process required to find a lawyer.

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