The perils of third-party IP policy shifts

A client recently gave me a head’s up about some new developments in YouTube’s Content ID System that was causing an uproar in the gaming community and with others who monetize their YouTube videos. The conflict stems from what appears to be over-aggressive actions on YouTube’s part to attempt to deal with copyright infringement on […]

A fool’s bargain: Part 2 – Think before you sue

(Editor’s note: This is the second of two parts. Read Part 1.) In the first part of this article, I discussed what trademarks are, what they protect and what factors courts generally use to determine if a trademark has been infringed.  In this installment I will be discussing how courts have dealt with the rise of keyword […]

A fool’s bargain: Part 1 – Should you sue over keyword advertising?

  One thing is guaranteed; the law will always lag technology. That’s just the way it is. However, eventually the law catches up and usually comes up with the right result.   Such is the case with paid search advertising such as Google Ad-words. In case you have been living under a rock for the […]

Got content for kids? You better get to know the new COPPA

If you say “COPPA” to somebody who works in the business of providing online content to kids, they will instantly know exactly what you are talking about, and it might cause them to have a panic attack. Due to regulations promulgated by the FTC this past December, many more business owners will need to become familiar […]

The perils of public-generated content

There is a well-known phrase known to businesses relying on the internet to help drive marketing and sales: “Content is king.” That phrase has expanded, in the wake of businesses turning to Facebook and YouTube and in the development and use of better consumer digital cameras and video. That new and improved phrase is this: […]

Avoidance: Understandable, but Often Painful

This is about pain — the avoidable kind. Lawyers can get a bad rap for shark-ism and sometimes, that’s fair. In this case, however, the pain is shared across the board, by both the lawyers and the clients. No one, including a hard-working and ethical attorney, likes seeing people have to spend blood, time and […]

Caution: You’ve been hacked—and sued

The newest legal challenge on the horizon for businesses may be the rise of what is known as “The Copyright Troll.”  Copyright Trolls are generally companies formed by attorneys whose sole purpose is to secure the enforcement rights from content providers (usually movies) and then find infringers (using a special software) — wherein those same […]

Clash of the tax and retail titans

Since I counsel a lot of online businesses, including online retailers, I am often asked about the sales tax implications of online sales. Generally speaking, the answer is pretty easy: If you are a Colorado business and sell goods to individuals residing in Colorado, then you have to collect Colorado sales tax and the appropriate […]

A Tip From a Colorado Internet Attorney: Website Owners Beware – What You Promise To Do May Cost You

In general, the federal communications decency act has two provisions that provide very strong liability protections for service providers, to the extent that that protection was once thought to be invincible.  However, recent cases have shown that service may be liable if they promise to take corrective action, but fail to follow through. The first […]