Genga & Associates, P.C.has a broad-ranging practice in Internet Law and Information Technology-related legal matters. Our staff possesses an extremely high level of technical expertise, making it well-equipped to handle even the most complex technical problems. The firm’s core competencies in Internet Law and Information Technology include representation and/or strategic counseling in connection with federal and state litigation, arbitration, mediation, domain name disputes, brokering the release of domain names held by cybersquatters (both in the U.S. and abroad), issuing cease-&-desist notices and ISP take-down demands pursuant to the Digital Millennium Copyright Act (“DMCA”), lodging complaints with the major Internet search engines to curtail abusive “sponsored link” advertising, and more.
Internet domain names: Domain names are an area of particular focus for the firm. We recover domain names for clients that have been misappropriated by cybersquatters. Our firm is a frequent filer of domain name disputes under the Uniform Domain Name Dispute Resolution Policy (“UDRP”), as well as parallel policies covering country-code top-level domain names (“ccTLds”) in various countries abroad, and have cultivated a virtually unblemished track record in the process. Our firm also takes a proactive approach to anti-cybersquatting efforts, with sophisticated technical tools and databases at our disposal which can help curtail a problem before it starts. For example, we offer domain name “watch” services which promptly identify and alert us to unauthorized registrations containing a client’s trademark. Also, powerful “reverse WHOIS” databases can be employed to extrapolate a cybersquatter’s entire domain portfolio from a single domain name registration, in case the squatter has more than one domain containing a client’s valuable mark. The firm also assists clients with cultivating comprehensive domain name acquisition and management strategies, with a particular focus on providing sound, unbiased advice on maximizing ROI and lowering fees. We take a unique approach in that our revenue model is not based on the number of domains a client registers or maintains. Thus, a trademark owner can be certain that our recommendation to register 5,000 names in a particular country is not based on any hidden agenda. In fact, Genga & Associates has negotiated deep discounts with registrars in many countries, and can register domains for clients at a fraction of what “luxury” corporate registrars catering to Fortune 1000-level brands charge, while still preserving their level of service. Our staff is also highly skilled at navigating the regulatory and procedural hurdles inherent in acquiring domain names in foreign countries or as part of “sunrise” protected launches. Lastly, the firm manages large domain name portfolios on behalf of clients, and has put in place the technical infrastructure to ensure that valuable names are protected.
e-Discovery and Document Management: The staff’s technical and logistical expertise is particularly suited to assisting clients with complex e-discovery and document management issues. The extensive 2006 amendments to the Federal Rules of Civil Procedure ensure that I.T. management and logistics concerns will be a part of virtually every federal lawsuit, and similar enactments on the state level are likely on the way. Our staff can design a comprehensive plan for your organization which will substantially reduce the risk of costly mishaps associated with the handling of e-evidence. We also offer subpoena-compliance assistance, allowing an organization or its outside counsel to outsource document management and I.T. logistic planning functions to a provider uniquely suited to handle them.
CAN-SPAM Defense: We routinely represent online advertisers who have been sued and/or subpoenaed under the CAN-SPAM Act (and/or its state law counterparts). Our staff understands the nuances of this relatively novel area of law, and also possesses the technical expertise necessary to understand the intricate mechanics underlying e-marketing.
Software development Due Diligence: Do you really know what licensing restrictions govern the plethora of software components a programmer used to construct your flagship application? Can you (or the VC funding you) afford not to know? We can work with your programmers to help retrace the development steps taken and ensure that each of the licenses covering your software program is in line with your company’s business goals.
The firm can also effectively manage disputes and litigation involving a number of other highly specialized technical topics:
* computer software (including open-source/copyleft licenses) copyrights and patents
* e-commerce transactions
* networking and telecommunications hardware
* software development (and outsourcing thereof to offshore firms)
* deep linking/framing
* VoIP technologies
* software applications
* operating systems
* video and audio streaming and delivery
* blogging, podcasting and RSS feeds
* peer-to-peer (P2P) technologies
* video gaming technologies
* phishing and online identity theft
* microprocessors and “mask work” protection
* Inter-registrar domain name transfer disputes
The firm is particularly suited to serving I.T. and media-related start-up companies, as our balance of high-quality expertise, personalized service and competitive rates make us attractive to young companies with budget constraints. We also offer creative fee packages that can help lower costs even further. Contact Us today to discuss your particular needs.