Internet Copyright Laws

Few areas of law are as dynamic as Internet, Computer and high technology law. A growing portion of the legal practice at Malin Haley DiMaggio & Bowen, P.A. involves the protection of our client’s computer software and hardware innovations. Computer programs, Web sites, Internet-based business methods and computer hardware design cross all of the borders of intellectual property protection including patents, copyrights, trademarks and trade secrets.

We counsel our clients on all forms of Internet copyright laws and intellectual property matters regarding computer innovations and Internet-related matters, including negotiating and drafting software licensing and development agreements, obtaining copyright protection for Web sites, obtaining Federal Trademark registrations for domain names, resolving domain name disputes, obtaining foreign and domestic patents and litigating computer-based intellectual property matters.

Computer, Internet and high technology law requires attorneys with knowledge and experience in the wide variety of legal areas necessary to properly represent clients whose businesses rely on computer technology and the Internet. At Malin Haley DiMaggio & Bowen, we represent many companies that rely heavily upon computers and the Internet in their day-to-day business operation. However, it is not only the large technology corporation that requires legal protection in this field. Software programmers, computer hardware designers, software distributors, Web hosters, and companies relying on its Web site to generate business, all require legal advice and counseling with respect to the protection of their intellectual property. Computer and Internet law cover those who buy or sell goods on-line, create, buy or sell software, or acquire computers or computer systems.

Malin Haley DiMaggio & Bowen assists its clients in obtaining software and Internet-based business method patents in this exploding field. Aspects of a Web site or of computer software may be eligible for patenting as a process patent, or as an apparatus where the software is stored in a machine and is executed on a computer or as an article of manufacture, when the software is stored on floppy disks, CD-ROM, or other types of system memory. Of course, as is the case of traditional inventions, the invention must be new, useful, and unobvious.

Our patent prosecution practice involves obtaining intellectual property protection throughout the world. To assist us in these efforts, the Firm has developed relationships with an extensive group of foreign associates.

Copyrights are applied for to protect Web sites or other types of graphic designs, source and object code, algorithms, program or other technical descriptions, schematics, flow charts, data structures, database contents and user manuals.

Trade secret law can be used effectively to protect computer software. Trade secret law protects ideas, facts, and know-how, whether in tangible form or not. A trade secret can be defined as any formula, pattern, device, machine, process, technique, compilation of information, or program. This information must be used in one’s business and give a competitive advantage or a potential competitive advantage. The information must be kept secret so that, except by improper means, it is difficult to acquire.

The attorneys at Malin Haley DiMaggio & Bowen bring a wide spectrum of computer-related technical experience and legal expertise regarding all the various forms of intellectual property protection for software, Internet and high technology-related innovations. Malin, Haley and DiMaggio continues to counsel and advise individuals and businesses in this exciting and rapidly changing area of the law