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Home / Practice Areas / Online Intellectual Property
Online Intellectual Property

Our Knowledgeable Lawyers Protect Your Intellectual Property Online

Receive experienced guidance from a reputable legal team

The Internet is a breeding ground of illegal activity, including copyright infringement. Whether you are accused of infringing on someone else’s intellectual property rights or seek to stop an infringement on your copyrighted material, Garcia & Gurney, A Law Corporation, is ready to offer you sound legal advice.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) was created to meet the demands of the digital age. We fully comprehend the provisions of the act and can carefully review your case to determine whether you have violated the law or whether you are the victim of digital copyright infringement.

Listed below are a few of the provisions of the DMCA:

  • The DMCA prohibits the manufacture, sale or release of programs and code-cracking materials used to unlawfully copy software.
  • The DMCA prohibits activities that bypass anti-piracy measures in commercial software, except when used by nonprofit libraries, archives, schools and universities in some situations.
  • Under the DMCA, the Online Copyright Infringement Liability Limitation Act protects Internet service providers from liability as long as they have no actual knowledge or awareness of facts indicating infringing transmissions.

In addition to providing services related to the DMCA, our firm helps clients with all aspects of intellectual property law, including contributory copyright infringement issues and domain name protection.

What is fair use?

Pinpointing the exact definition of fair use is difficult, and interpretation of fair use should be determined on a case-by-case basis. Generally, fair use is the copying of copyrighted material for a limited or transformative purpose. Below are examples of commonly accepted instances of fair use:

  • Commentary
  • Criticism
  • Parody

Cybersquatting

Cybersquatting occurs when a person registers a popular domain name with the sole purpose of reselling it at an inflated price to the rightful owner. Some people have even referred to cybersquatting as a form of online extortion. Our lawyers are well versed in the Anti-cybersquatting Consumer Protection Act, and can promptly review your case and determine if you have cause for action.

Comprehensive internet intellectual property help from skilled IP attorneys

Garcia & Gurney, A Law Corporation is equipped to handle the most complicated intellectual property law issues in and around Alameda and Contra Costa Counties. For help with an intellectual property, labor, employment, or other business law matter in or around the Bay Area, contact us today by phone at 925-468-0400 or online.

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  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! I was in need of urgent help with an employment matter and Melinda Garcia came through for me the same day. She fit me in for a consultation within hours of my call and read my documents prior to our meeting. She was thorough, attentive to my needs, knowledgeable, professional and above all very comforting."

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"