Biana Borukhovich Esq The Law Office of Biana Borukhovich, PLLC covers a full range of legal services in New York. We focus in on each individual issue on a microscopic level and value every client as if they were a part of our family. We are dedicated to diligently representing our clients and look forward to helping you solve your legal issues.Our goal is to provide the best legal representation available at a reasonable and fair cost to our clients.
1460 Broadway new york NY
New York , 1460 Broadway new york NY 10036 New York
Biana Borukhovich Esq
I worked with Biana Borukhovich on a sensitive matter when it came to creating the last will and testament, power of attorney and a health proxy for my ailing mother. Biana was very sensitive to the personal element of these things, was compassionate and made my mom and me feel very comfortable with the whole process. She simplified the legal language into context we could all understand and made it easy to get the documents executed. Highly recommend working with her! Searching for the RIGHT lawyer was pretty stressful for me– Such high fees just to see if they would be the right fit for my business was hard as a start-up business. I was not sure what was the best place to start and I needed someone with the patience to listen and help me formulate the best plan for my business needs. Biana has exceeded my expectations far beyond my imagination. She is incredibly diligent, on top of her game and her prices as so fair. Biana has taken my business to a new level!! My firm retained Biana Boukhovich’s law firm to do a trademark filing for one of our products. Prior to hiring her, my partner and I met with several attorneys but each firm had some flaw or the other, either too aggressive, too expensive, too nice etc. Biana was very knowledgeable, straightforward and extremely patient. Her fees are fair and she is extremely diligent. Since hiring her office, she has gone above and beyond her stipulated contract to help us fine tune our Trademark. I am usually very selective in who I recommend but Biana is one of the few professionals I would have no hesitation endorsing.
Rating: 5 / 5 stars

Legal Phenomena for Online Businesses

As social media becomes one of the front stream platforms for growing businesses, one must understand how to protect these practices. Currently, many business owners are turning their Facebook pages into online stores or platforms for advertising and promoting brands and companies of others. Is this type of business afforded the same legal rights as other entities in similar or same fields? Of course it is because a business is a business regardless of its structure. There are a number of essential legal issues that must be considered prior to starting an online business.

Similarly to offline businesses, online businesses shall 1) Incorporate their business (LLC or Corp) 2) Protect their Intellectual Property (Trademarks, Copyrights and Patents) and 3) Draft agreements that will protect the interests of the business and its owners, employees and such. Furthermore, there are other liabilities that may arise for online companies such as spamming issues, defamation, privacy and protection of consumer data and other issues that can be unique in nature for these types of companies. Nevertheless, in this article I will focus on the intellectual property rights.

Intellectual Property

In order to diminish legal liability for online companies, a company shall choose to market and function under a brand name that is strong and unique. For example, if an online company is investing money and time into marketing a brand for their goods and/or services, however hasn’t conducted a trademark search, filed for a trademark, and/or obtained a trademark, then the company is taking a huge risk that the mark that it is marketing is actually taken and as a result, the company opens a door to possible litigation and would need to rebrand or in a worst scenario deal with an infringement lawsuit. Hence, trademarking your brand, whether it’s an online business or not is equally important. For example, if an individual started a Facebook page on which he/she advertises goods and/or services of third parties, the name of this page will probably need to be trademarked because essentially this name is the individual’s brand under which he/she is conducting their business. Hence, it would be important to check whether there are other companies with similar names that offer similar services/goods.

In order to protect online businesses, Facebook went as far as creating a form for the owners of trademarks to complete, in order to enforce intellectual property rights online, to deter others from using registered trademarks of others as their username. The form can be found here: http://www.facebook.com/help/contact.php?show_form=username_rights

Similarly, on twitter and instagram, if an online business owner reports an account/username that is infringing upon its trademark(s) and twitter/instagram determine that a violation truly exists, they will suspend the foregoing account(s). Report a trademark issue here:

Twitter

https://support.twitter.com/forms/trademark

Instagram

https://help.instagram.com/contact/111608122342794

Additionally, obtaining Copyright protection is also necessary, depending on the scope of the online company and its goods and/or services. In most scenarios, Copyright right protection attaches to pictures, videos, blogs, music, books and a number of other forms of expression presented on a website. Most Internet users are exposed to copyright implications, regardless if they are a user or creator of content.

Furthermore, if an online company specializes in offering social networking services where users can register and upload content, then one must be aware of the protections afforded by the Digital Millennium Copyright Act (“DMCA”). The DMCA contains what are referred to as “safe harbor” provisions. These provisions may shield an online business owner from “liability for the copyright infringements of your site’s users and for your provision of links to copyright-infringing material from other Internet sources as long as you have effective notice-and-takedown procedures, promptly remove content when a copyright owner notifies you that it is infringing and have no actual or effective knowledge that the posted material is infringing”[1].

As the world is transforming into a digital hub, the courts and business owners of online businesses are stumbling over legal issues, which have no precedents. As such, new rules and regulations that pertain to such issues are being enacted frequently. It is Important for online business owners to educate themselves about these new trends and incorporate them into their businesses.

 

[1] Protection for infringing material posted by others: DMCA safe harbor provisions, Reporters Committee for Freedom of Press, https://www.rcfp.org/browse-media-law-resources/digital-journalists-legal-guide/protection-infringing-material-posted-oth

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