Legal Notices

Some of the more common legal notices involving Internet business are:

DMCA Notice

DMCA stands for Digital Millennium Copyright Act. This act criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works

Cease and Desist Notice

A cease and desist notice usually comes in the form of a letter and usually demands that you remove material from an Internet web site or stop and specified activity.

Demand Letter

As its name indicates, a demand letter usually demands you take a specified action such as pay money or fulfill an alleged obligation or promise. These types of letters are usually sent prior to instigating litigation; but receipt of a demand letter doesn't mean litigation will ensue.

What you should not do if you receive a legal notice:

Do not simply ignore or delay dealing with legal notices.

Do not panic!

Do not cave in to a demand if you believe you are in the right without consulting an experienced attorney.

What you should do if you receive a legal notice:

Contact an attorney knowledgeable and experienced in Internet issues. Collect together any documentation you may have that provides information about the issue discussed in the notice. It may not be in your best interest to attempt to address legal issues without the advice of an attorney.

Here are some ways for you to decipher the size of threat of a legal notice:

• Determine the author of the notice. If the notice is on business letterhead, determine if the business is simply a corporation or other business entity or an attorney. Remember, some corporations have inside legal counsel. If the notice is from an attorney, this is your first clue that the opposing party considers the issue serious enough to have hired someone to protect their interests. You should also ensure you have an experienced attorney to protect your interests.

• The more documentation included with the notice, the more the issue has been researched. This is an indicator that the opposing party has invested a large amount of time and effort before the notice was issued. It’s also an indicator that the opposing party will not easily go away.

• Who is the opposing party represented in the notice? Is it a business competitor, a dissatisfied customer, a former employee, or someone totally unconnected to you and your business? If the notice comes from someone unconnected to your business, the threat may not be serious because they may have the wrong party. However, that doesn't mean you should simply ignore it. Wrong parties have been sued before and it takes time and resources to prove you are the wrong party.

• What is the monetary value of the claimed wrong? Naturally the larger the monetary value, the more risk.

• What are the financial resources of the opposing party? You can discover this type of information by viewing their website, running a Dun & Bradstreet report and your prior dealings with the party. Through research, you and your attorney can discover other legal actions taken by this complaining party.

All legal notices are not equal. If you receive a legal notice, contact Domain Name Lawyers to assist you in assessing the threat to your business and how to proceed.