Online Sales: Protect Yourself

Online Sales Protect Yourself Intellectual Property Intellectual Property

Online Sales: Protect Yourself

Online shopping is known for its simplicity and variety, but buyer beware: internet shopping can be risky. Here’s what you need to know if you’re planning to buy or sell online.
Sellers: Make It Legal, Make It Foolproof
If you’re looking to sell your wares online, congratulations! You’ve chosen a quick, easy and effective way to reach customers around the world. But watch out: e-commerce has its pitfalls. First, it is your responsibility to make sure your product can legally be sold to your target markets. For example, state and federal laws limit the sale of some products, such as food and alcoholic beverages, to other states or countries. In addition, the sale of weapons and firearms is strictly regulated. It might seem like a no-brainer, but knowing whether you’re allowed to sell is the first step in a successful online transaction.
The next step: security, security, security. Chargebacks (disputed sales, usually involving a customer withdrawing their transaction via credit card) can be avoided by following some simple sales steps. Make sure your site has a comprehensive and fair privacy policy so that prospective buyers feel their information is safe. Secure-socket layer (SSL) technology encrypts credit card and sensitive personal information to protect customers’ identities and is a must when you sell online. Once you’ve protected your customers’ interests, protect your own: make sure your system has built-in IP address verification and customer-input verification codes. A bit of foresight and a lot of exact record-keeping will reduce the chance of chargebacks and allow you to make sure your customers come back for more.
Buyers: Beware! Internet Commerce Security Is Key
If you’ve found the perfect product online, pause before initiating your e-commerce transaction. A bit of common sense can protect your identity and your hard-earned money. There are several red flags you should look for when shopping online. These include businesses that have no reputation or contact information, companies with scanty or unfair privacy and return policies, and Web sites that don’t go to great lengths to protect your precious personal information. Insist on SSL technology when you shop online – companies like Verisign provide such services and have great conflict-resolution procedures for when transactions go bad.
Another red flag: websites that ask for too much information, like Social Security numbers or bank account information in addition to your credit card number. Speaking of credit cards, it’s a great idea to use them during online shopping whenever possible. The transaction will be easy to track and is also subject to the Fair Credit Billing Act and/or purchase protections from your bank or lender. Make sure to save all receipts in case there’s a dispute. Record-keeping is key when it comes to internet commerce!
If you feel you’ve been the victim of internet fraud or that a site has unfair or unprofessional business practices, don’t waste any time before contacting consumer groups, such as the Better Business Bureau, or local and federal law enforcement. Make sure you’ve documented your claim – and read all the fine print. Knowledge is power when it comes to buying online. Pay attention to detail, and online shopping will be a breeze.

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EBay Buying: What You Need To Know

Ebay Buying What You Need To Know Intellectual Property Intellectual Property

EBay Buying: What You Need To Know

Let’s face it – EBay has revolutionized online shopping with its innovative, easy-to-use Internet auctions. You can take place in this World Wide Web-based shopping experience by bidding on everything from lawnmowers to lava rocks. There’s a whole world of niche shopping to be had on EBay – but the site has its pitfalls and rules. Before you bid, here’s what you need to know about the Net’s most popular online auction site.
Understanding the Auction Rules
The many rules, customs and regulations of EBay sales are too numerous for one online article. Bottom line: if you’re planning to join the ranks of successful EBay bidders, you need to know and abide by the site’s many rules. Thoroughly peruse the site’s frequently asked questions (FAQs), privacy policy and rules before bidding. You’ll soon learn that EBay is a social community where reputation matters – so avoid stepping on toes with newbie mistakes.
Check the Seller’s Reputation
You have the right to expect an honestly-advertised product from an EBay seller. Make sure you feel comfortable with the seller’s reputation before even considering a bid – check his or her reputation points and comments and do background research if necessary to determine whether it’s a good bet. Bonus points should be awarded for sellers with clear return policies, prompt response times to customer questions and reasonable pricing.
Don’t Get Carried Away
Once the price is right, evaluate your own budget and boundaries. Don’t get sucked into bidding wars in which you surpass your budget – EBay looks askance at bidders who promise to pay, then fail to follow through. If an item is too expensive, pass on it and look for a bargain. You’ll save money and keep your EBay reputation intact.
How to Pay in a Safe Way
If you win an auction, you have the right to expect a fair and private online transaction and prompt delivery of an item that matches the auction description. Consider using a credit card or an online service like PayPal to avoid divulging too much personal information or risk fraudulent transactions. Your credit card company might have buyer protections, and the Federal Fair Credit Billing Act can provide recourse if you are defrauded. NEVER wire money to an EBay seller and avoid personal checks when possible.
Dealing with Disappointments
If the item fails to meet your expectations or there is a problem with delivery, contact the seller immediately to come to a resolution. If your polite requests for resolution are ignored or the seller fails to satisfy you, take advantage of the return policy or contact EBay’s conflict resolution department. In addition, the reputation point system allows you to provide negative feedback about a transaction gone wrong. Know, however, that EBayers frown upon negative feedback being posted before you give the seller a chance to make things right.
You can expect fair treatment, fair advertising, and fairly prompt service from most EBay sellers. To weed out the bad apples, focus on reputation and product quality above all else. Never give unnecessary personal information such as your Social Security number or driver’s license. And keep flawless records to ensure that the transaction is documented.

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Internet Scams: What Consumers Should Know

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Internet Scams: What Consumers Should Know

Ah, the Internet: with lightning-fast speed, incredible opportunities and worldwide connections, what’s not to love? Internet scams, that’s what. Unfortunately, a reality of the online world is that where there are interested customers, there are scammers and fraudsters. How can you protect yourself on the World Wide Web? Read on for some common scams to avoid:
Investment Fraud
If you’re interested in making money – and who isn’t? – you may be susceptible to investment frauds that nab your hard-earned cash in get-rich-quick investment schemes online. Disreputable brokers and online investment firms can both compromise your security and fritter away huge amounts of funds. How to prevent these frauds? Invest with both eyes open – look for a firm that’s reputable and has high recommendations from legitimate customers. Don’t fall for exaggerated claims of instantaneous wealth and ridiculously high returns on documented losers like penny stocks. Instead, rely on the (admittedly boring) advice investment professionals have been giving for years: there’s no foolproof way to play the market. It’s an adage to keep in mind as you navigate the choppy waters of online investments.
MLMs
Money-makers-to-be are also at risk for online multi-level marketing schemes (MLMs). These scams are similar to the “pyramid schemes” of yore. You’re roped in by promises of at-home income and huge profit margins, then forced to recruit other participants and pay huge buy-in costs. The catch with MLMs is that their products (from diet pills to properties) are only attractive to other potential sellers. In other words, you pay a huge price to start up a business that has no built-in customers! It’s a bad deal for anyone who doesn’t have money to waste on a huge business mistake. Red flags include overly exaggerated claims, high-pressure sales and huge start-up fees.
Web Cramming
Would-be businesspeople may also be at risk for web cramming, a scam in which a company offers a 30-day free trial of a custom-designed Web site, then racks up huge charges on your phone or Internet bill, even if you cancel. These scams might involve charges for products and services you’ve never even seen! It’s usually easy to nab web crammers by keeping an eagle eye on your ISP or telephone company’s bills. Dispute any wrong charges as soon as possible after they appear on your bill, and look for reputable web designers with solid, reasonable contracts instead of anonymous online Web site sellers.
Vacation Scams
Everyone loves a vacation, but some unfortunate consumers get gypped during vacation scams that can cost an arm and a leg – and ruin precious time off. These scams involve disreputable travel agencies that hawk package deals at extremely low prices. These bargain-basement deals might seem all-inclusive and are usually touted as luxury vacations. Unfortunately, the fun begins when consumers arrive at their destination to a locale that isn’t as comfortable or pricey as their package promised. The return home isn’t so fun either, with ridiculous and expensive surcharges adding insult to injury. How to insure yourself against the vacation from hell? Refuse to book travel with companies you haven’t researched. Be wary of one-size-fits-all package deals – and make sure never to agree to vague vacation promises that aren’t memorialized in writing.
Bottom line
Internet scams are everywhere! Fortunately, they’re also easy to spot. Just look for exaggerated claims, and go with your gut instinct. Document every transaction and act with caution. It just might save you precious time and money.
If you think you’ve been ripped off for a substantial amount of money, you may want to seek the advice of an internet lawyer.
To find out more information about protecting yourself when online shopping go to Online Sales: Protect Yourself.

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What to do if you are Scammed Online

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What to do if you are Scammed Online

You ordered an item online from an unfamiliar seller and thought nothing of entering your contact information and perhaps your credit card number. Or you responded to what looked like an email from your bank asking for your social security number. But was that really your bank? Wouldn’t they already have your number? While the Internet offers a global marketplace for consumers and businesses, crooks also recognize the potentials of cyberspace. Some sell you things that don’t exist, and then take your money and never ship anything to you. Others are “phishing” for personal information, ready to steal your identity or use your credit card number for fraudulent purposes. What should you do if you get scammed?
Stop the Payment if Possible
Certainly if you paid by personal check, try to cancel the check as soon as you figure out you are not getting the goods you ordered. Unfortunately, it is often too late because cashing your check is the first thing the scammer will do.
If you paid by credit card, you can dispute the charges with your credit card company. Federal law limits your liability to $50 if someone makes unauthorized charges to your account, and most credit card issuers will remove them completely if you report the problem promptly. You may have other issues, however, because now the scammer has your credit card number-so let your credit card company know about the fraudulent transaction immediately and cancel the card.
If you used a U.S. Postal Service money order, let the Post Office know; they take fraud involving U.S.P.S. money orders very seriously.
Report the Crime
Taking money fraudulently is criminal behavior, and although the perpetrator appears to have gotten away with it, there are things you can do to prevent it from happening again. If you are a victim or attempted victim of Internet fraud, it is important to report the scam quickly to law enforcement agencies so they have the opportunity to shut the bogus operation down.
Law Enforcement Authorities
On the national level, report this type of cybercrime to the Federal Bureau of Investigation, (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA). On the state level, report the fraud to the office of the Attorney General. For ease of reporting, the Internet Crime Complaint Center (IC3), a partnership including the three federal organizations above serves as a vehicle to receive, develop, and refer criminal complaints regarding cybercrime.
Other Resources
The National Fraud Information Center will direct your complaint to the authorities, and provides information on Internet fraud and how to avoid it.
The National Consumers League provides many articles, research, tips, and other consumer information on cybercrime.
CyberCops supplies some very useful resources. You can file a complaint about your experiences or report suspicious activity on the Net. You can also search the complaint archives, read success stories, and check out a list of reported “suspicious characters.”
The Better Business Bureau (BBB) registers complaints and allows consumers to check out online companies to see if any previous complaints have been filed against them.
How to Avoid Being Scammed in the Future
There are simple things you can do to lessen your chances of being scammed online, from not falling for official looking emails until you call the company and check it out, to using the many online resources outlined above. Scambusters.org is also a very useful consumer website that compiles a list of scams and gets updated often.
Here are some other tips:
Only deal with familiar entities. Check with your state or local consumer protection agency and the Better Business Bureau before doing business with anyone online. Always get a physical address and phone number in case there is a problem later. Call the phone number and make sure it’s real!
Be careful of unsolicited emails. Often they are fraudulent. Never respond to unknown senders. Doing so only confirms for them that yours is a working email address resulting in more unwanted emails. They may also sell email addresses to other scammers. The best approach is to delete the email.
Understand the offer. A legitimate seller will give you all the details about the products or services, the total price, the delivery time, the refund and cancellation policies, and the terms of any warranty. A cybercriminal will be short on details and long on payment procedures.
Guard your personal information. Never provide your credit card or bank account number unless you are actually paying for something from a reputable company. Be wary of companies that ask for your social security number online. Be especially suspicious if someone claiming to be from a company with whom you have an account asks for information they should already have.
Don’t believe promises of easy money. If someone claims that you can earn money with little or no work, get a loan or credit card even if you have bad credit, or make money on an investment with little or no risk, it is likely a scam.
Pay the safest way. Credit cards are the safest way to pay for online purchases because you can dispute the charges if you never get the goods or services or the offer was misrepresented.
Think twice before entering contests operated by unfamiliar companies. Fraudulent marketers sometimes use contest entry forms to identify potential victims.

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Web sites: Writing the Disclaimers and Copyright Notices

Writing Web Site Disclaimers Copyright Notices Intellectual Property Intellectual Property

Web sites: Writing the Disclaimers and Copyright Notices

Purpose of a Disclaimer
A disclaimer on a Web site is essential as it serves to protect and limit the Web site owner’s liability by outlining expectations and obligations a person will agree to before using the site. At its core, it removes any warranty for the information provided and gives notice that use of the site is at a person’s own risk.
One disclaimer serves the content for the entire site. Each page, however, should include a link to the disclaimer. Additionally, on pages that contain specialized information you may want to use an abbreviated disclaimer. For example, if you provide medical information you may include that you are not a doctor; the information should not be considered medical advice; the information may be out-of-date, inaccurate or incomplete; and suggest the user speak to a doctor.
Examples of What Might be Included in a Disclaimer Statement
Your disclaimer should be both explicit and broad. Here are some examples of wording that might be used in a disclaimer statement:
The material on the site is made available with the understanding that you are not engaged in providing professional advice.
Before relying on material on the site users should independently verify the accuracy, completeness and relevance for their purposes and obtain any appropriate professional advice.
The material may include opinions, recommendations or other content from third parties that do not necessarily reflect your views.
Links to other Web sites are included for the user’s convenience and do not constitute an endorsement of the material on those sites, or any associated product or service.
The listing of a person or company in any part of your site in no way implies any form of endorsement by you of products or services provided by that person or company. (This is particularly important when you are using reciprocal links and logos to improve Google.com rankings.)
Copyright Notice
In addition to the disclaimer, you must also have a copyright notice that complies with the Digital Millennium Copyright Act (DMCA). It should state that the Web site and its content are subject to the laws of the United States, that you own the copyright in the material on the site, and which third parties own the copyright to some materials on the site. You will also want to clarify your policy on allowing others to use the material on the site, what permissions are necessary, etc.
Infringement and Take Down Notices
Moreover, you need to include language from the DMCA regarding complaints of copyright infringement and take down notices. This language advises both parties in a dispute of the necessary steps that they must follow either to have material taken off the site or to defend against a copyright infringement claim. For Web sites that rely heavily on third-party content, such as YouTube.com and Facebook.com a more thorough copyright policy may be required. An intellectual property lawyer will be involved in drawing up the statements on their Web sites.
The Risk of Transmitting Information Across the Internet
A clause highlighting the inherent risks in sending sensitive materials to or through your site is also important. A further step would be to use a popup window that requires users to click that they understand the risk before sending the information.
Policing Content
If your site contains content aimed at a mature audience, always have a disclaimer appear before the user can enter the site along with an “over 18” click box. If you are concerned about users posting sensitive material to your site, then you may consider including an obscenity clause that warns visitors that inappropriate material will be removed and that abusers will be prevented from posting further content.
The more control over content that you exercise, the more responsibility you have to regulate. Online service providers (ISP) receive a safe harbor through the DMCA on the basis that they merely provide the space for users, that they cannot police every user’s postings and that they receive no revenue from the posted content. Google, Inc. has been successful to date walking that fine line. Companies such as Napster and Grokster, however, have learned at a great cost that there are limitations to what the DMCA can protect.
Google, You Tube and Viacom Creating the Law
Currently Viacom, Inc.’s lawsuit against YouTube, Inc., YouTube, LLC, and Google, Inc. is winding its way through the New York District Court. Viacom contends that YouTube’s users contributed pirated copyrighted works owned by Viacom to the site by the thousands, including television programs, motion pictures, music recordings, and other entertainment programs. Like the Napster and Grokster lawsuits that established rules for downloading copyrighted music, the Google, You Tube and Viacom battle is set to become a seminal case for online media and may eventually affect web owners’ abilities to avoid liability even with disclaimers on their Web sites.

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Where do I go to protect my rights?

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Where do I go to protect my rights?

Subject to certain minor exceptions, exclusive jurisdiction over copyright and patent disputes resides in Federal Courts. Trade Secret and other intellectual property disputes may be brought as either a Federal or a state lawsuit, depending upon the circumstances.

You’ll probably need an experienced lawyer in any Intellectual Property matter.

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What remedies are available for infringement of intellectual property rights?

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What remedies are available for infringement of intellectual property rights?

If you are being wronged, you may ask the appropriate court to grant a Temporary Restraining Order and a Preliminary or Permanent Injunction to prevent and/or stop further infringement.

Allegedly infringing items or articles can be impounded while the action is pending and may be ordered destroyed or subject to other disposition if there is an infringement. An infringer can be liable for actual damages plus additional profits of the infringer or statutory damages.

Further, an infringer could be held liable for injury to business reputation or the dilution in the value of the copyright, patent, or trademark. Costs and attorneys’ fees sometimes also may be awarded to the prevailing party.

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What is a “Copyright”?

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What is a “Copyright”?

A “copyright” offers protection for original works of authorship. Copyright protection affords the author of a copyrighted work with specific rights that the author can give or sell to others or keep for him/herself.

The concept of copyright protection in the United States is set forth in the original U.S. Constitution which allows Congress to pass laws that promote and encourage the progress of the useful arts.

This section of Free Advice primarily addresses newly created works rather than works created in the past. Such older works are generally governed by the copyright laws in effect at the time of their creation.

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What is Intellectual Property?

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What is Intellectual Property?

In contrast to real estate and physical property, Intellectual Property refers to what the minds of men and women have created.

Intellectual Property Law includes the fields of law governing Copyrights, Patents, Trademarks and Trade Secrets. (Click for an informative article that gives an excellent overview of what constitutes intellectual property law.) Because Communications Law and Computer Law and Internet Law are so heavily intertwined with Intellectual Property issues, we are including those topics in this Practice Area as well.

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What is a Trade Secret?

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What is a Trade Secret?

In addition to patents, trademarks and copyrights, intellectual property may be protected by Trade Secret Law.

Trade Secrets can cover such things as ideas and know-how. A trade secret or know-how is a set of data or information that is generally not known in the industry which provides the user with an advantage over competitors. The formula for Coca-Cola is protected by Trade Secret Law, for example.

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