Aggressive Enforcement of Rights Involving Internet Abuses

Authors

• William L. LaFuze, Vinson & Elkins, LLP
• Valerie K. Friedrich, Vinson & Elkins, LLP

Abstract

The information age, and particularly the development of the Internet and the World Wide Web, has enabled any individual with a personal computer to rapidly acquire information from, and disseminate information to, a worldwide base. Many unlawful activities, such as copyright infringement, may now be practiced in a new environment and manner. Due to several unique aspects of the Internet environment, traditional judicial remedies, such as monetary damages, are ineffectual. Consequently, violations of personal and property rights on the Internet present new challenges for the enforcement of such rights. More aggressive remedies, such as injunction of wrongful activities and impoundment of the articles used in conducting wrongful activities, may not only be warranted but also necessary as an appropriate relief to the aggrieved party or as a deterrent to future unlawful conduct. In addition, such aggressive remedies are often rapidly obtainable. This paper discusses injunctive and seizure rights, with special emphasis on Internet abuses, involving copyright and trademark infringement, unfair competition under the Lanham Act, trade secret misappropriation, defamation and trade disparagement. Remedies which may be obtained exparte, and therefore rapidly, receive particular attention. Finally, the risks associated with seeking and/or obtaining such aggressive remedies are reviewed.

Recommended Citation

William L. LaFuze & Valerie K. Friedrich, Aggressive Enforcement of Rights Involving Internet Abuses, 1 Computer L. Rev. & Tech. J. 1 (1997)