Please note: This is not legal advice. We are not Lawyers. We are Gold Coast Web Designers. The aim of this article is to bring to light the various legal issues that may arise and why contacting a reputable lawyer is necessary. When dealing with Web Design and Internet on a day to day basis [...]
Please note: This is not legal advice. We are not Lawyers. We are Gold Coast Web Designers. The aim of this article is to bring to light the various legal issues that may arise and why contacting a reputable lawyer is necessary.
When dealing with Web Design and Internet on a day to day basis you are more than likely going to come across a myriad of legal issues. For example, when purchasing a domain name you will have to be sure that you aren’t buying someone else’s Trademark. This could potentially be taken from you from the rightful Trademark holder at a later date.
When registering their Companies most business people now look to create their company name and trademark their brand and secure the relevant domain name. This offers them a certain level of protection. Trademark isn’t everything. There are circumstances where Trademark holders could not take the domain name because the owner could show a legitimate interest as they were affiliates that are promoting that brand.
If you are the Trademark holder and someone else cannot satisfy a legitmate interest in the domain name. You have a couple of options. You can politely ask the domain name owner for it back as it is your trademark that they are using. Alternatively, you can take your issue to through the courts. Many people are finding it preferable to go through arbitration. This can happen through WIPO or auDA’s dispute resolution policy. Depending on whether it is a .com or a .com.au domain extension. Again, you will need to speak with a qualified Lawyer about this.
When it comes to disclaimers be sure to bring the link to the disclaimer document to the attention of the reader if you want to make certain that you can rely on its contents. This is particularly relevant for companies offering financial services or selling. Hiding disclaimers, privacy policies and conditions of purchase from obvious view can potentially create legal issues.
It should be noted that Copyright issues often raise their heads as well. Whether it is in relation to written content, photographs or computer code. Computer code attracts copyright as software cannot attract patentability as a general rule. The software may constitute patentable subject matter if it is incorporated into part of a device. Simply creating a software program installed on a computer with a printer (as a device) is seen to be insufficient as in this case the device is not central to it’s operation. See your lawyer about patentability and copyright in terms of Intellectual Property.
Once again, we are not lawyers. We just want to bring to your attention the possible need for legal services before you begin to create your web site. When looking for an IT lawyer, Intellectual Property Lawyer or IT lawyer on the Gold Coast.
It is really important that you actually find an intellectual property lawyer (or IP Lawyer) or an Information Technology Lawyer (IT Lawyer) that understands technology and particularly domain registration rules and regulations both through WIPO (World Intellectualy Property Organisation), auDA’s domain registration policies and general Trademark Law.
Like many capital cities the Gold Coast has many lawyers. The main thing to remember is to do your homework. Be sure that the lawyer understands Information Technology and Intellectual Property to begin with. Ask them their technology qualifications. Be sure to ask them what they actually know about web sites. Ask them if they have actually built a web site and don’t be scared to ask them for references.
An important thing to note: Be sure that the Lawyer has had experience in the EXACT legal issue that you are having or wish to prevent. IT Law covers a wide range of topics. If you are concerned about Trademark of your logo then ask what experience in Trademark with regards to logos the Lawyer has had. If it is a case of domain name dispute then be sure to ask what types of domain name disputes the lawyer has handled. If it is a legal case of computer source code then ask the lawyer what types of cases has he or she has handled in terms of copyright and computer code.
Like any industry, be sure to ask a lot of questions and do your research to find the best Gold Coast lawyer for your information technology needs.
There are lots of goo Gold Coast lawyers out there but it pays to do your homework until you find someone that can handle your affairs that you ultimately feel comfortable with.
