Welcoming Joshua D. Burns to Silverline Legal 

We are delighted to announce that Josh Burns has joined Silverline Legal as our newest partner! Josh brings a unique combination of expertise and dedication to the firm. 

Josh’s legal career is distinguished by his impressive credentials and notable achievements. He graduated cum laude from the University of Michigan Law School in 2006 and holds a B.A. with distinction from Yale University. Initially admitted to practice in New York in 2007, Josh has since expanded his practice to include Illinois and Oklahoma. 

Josh specializes in complex commercial litigation, including securities cases, banking disputes, class actions, bankruptcy restructuring, and aviation litigation. However, his expertise extends beyond the courtroom. A strategic thinker, Josh is known for his ability to develop innovative solutions for his clients. 

His collaborative approach aligns perfectly with our firm’s mission to harness the diverse skills and knowledge of our team to deliver exceptional results for our clients. At Silverline Legal, Josh will continue to focus on his areas of expertise while also contributing to the firm’s growth and development. His addition to our team underscores our commitment to excellence and our dedication to providing top-tier legal services. 

We invite you to join us in welcoming Josh Burns to Silverline Legal.  

Social Media Users Beware 

Over the last several years, we have had an increasing number of individuals and companies call asking for legal help because they are having some problem associated with Facebook, Instagram, TikTok, YouTube, and other online social media platforms. Often, these calls involve the shutdown of an account, piracy of an account by prior employees or business associates, a report of intellectual property infringement, or a purported violation of the platform’s terms of service. 

Social media has become one of the more prevalent ways to promote yourself and/or your business. As of December 2024, Facebook has over 3 billion monthly active users. So, it makes sense to attempt to capture this consumer market by advertising to this vast user base. However, before utilizing social media platforms, there are several common pitfalls and legal issues that should be considered: 

  1. Make sure you maintain control of your accounts. Failing to ensure you have primary control using primary passwords and linking to your own personal account could mean that the person you delegate this authority to has the ability to hijack the account. Anyone who has joint control over the account should be under a contract with you or your business. They should understand who owns the account, what access they have, and what they are allowed to do on behalf of you or the company on the account. Additionally, a contract can provide an option to allow you to seek injunctive relief from a court if a delegate does not turn the account back over to you when the relationship has been terminated. 
  1. Make sure you have the rights to post your content. Content on social media typically includes text, images, and video. These elements are likely copyrighted by the original author. If you are posting a photo taken by someone else or including someone’s image, then make sure you obtain the right to post prior to posting. If you don’t get permission first, the owner of the photo may file a DMCA notice with the social media platform and have the image removed. Multiple DMCA notices can result In deactivation or removal of your account. Additionally, liability for copyright infringement or a violation of the right of publicity can be extremely costly to your business. 
  1. Don’t lie. Falsifying, exaggerating, misleading, or failing to provide sufficient disclosures could result in various violations of numerous government regulations and could lead to false advertising claims. Companies must ensure that the advertisements they make, whether express or implied, are truthful, accurate, and not misleading. They also must disclose all material information about the product or service they are advertising. 
  1. Read the Terms of Service. Every social media platform has terms of use (including privacy policies and platform guidelines) that set forth the rules associated with posting, advertising, and using content on the site. Make sure you read them and comply. Otherwise, your account can be shut down with little warning. 

You spend a lot of money on advertising. If a social media platform is your primary source of advertising, having it shut down could put a halt to your business’ success. Make sure you have the tools and policies in place to avoid a costly shutdown. 

New Year’s Resolution: Protect your Innovations and Content in 2025 

At the top of your business priorities should be a goal to safeguard and protect your business intellectual property (“IP”). Almost every business has IP – from your brand, your inventions, your unique content, and your secrets.  Below are some tips that can assist you in ensuring that your creative works and inventions are well-protected in 2025. 
 
1.        Conduct a Thorough IP Audit – Start 2025 by conducting a comprehensive audit of your intellectual property assets. Identify what needs protection – from patents and trademarks to copyrights and trade secrets. This will help you understand what you already have and what needs further action. 
 
2.        Develop an IP Strategy – Create a comprehensive IP strategy that aligns with your business goals. This strategy should outline how you will protect, manage, and enforce your IP rights. A well-defined IP strategy can help you maximize the value of your innovations and content. 
 
3.        Implement Strong Digital Security Measures – In today’s digital age, protecting your innovations and content online is crucial. Use encryption, secure passwords, and regularly update your software to prevent unauthorized access and data breaches. 
 
4.        Educate Your Team and Set Policies – Ensure that every person in your organization understands the importance of IP protection. Conduct training sessions to educate your team about best practices for handling confidential information, recognizing potential IP risks, and responding to IP infringements. 
 
5.        Register Your IP – Don’t delay in registering your intellectual property. Whether you need to file for a patent, register a trademark, or securing a copyright, timely registration can provide you with legal protection and a competitive edge. Make this a key goal for the year. 
 
6.        Monitor for Infringements – Proactively monitor the market for potential infringements of your IP. Keep an eye on unauthorized use of your content and innovations. Early detection can help you take swift action to protect your rights. 
 
7.        Collaborate with IP Professionals – Build relationships with intellectual property professionals (lawyers, agents, consultants) who can provide expert advice and support. Their expertise can be invaluable in navigating the complexities of IP protection and ever-changing IP laws. 
 
8.        Double check your Contracts – Contracts, such as non-disclosure agreements, development agreements, license agreements, and service agreements can protect and impact your IP protection and ownership. Make sure you review and create agreements that align with your business goals and needs. 
 
By following these tips, your business can start the new year with confidence, knowing that your innovations and content are well-protected. Make 2025 the year you prioritize intellectual property protection, and watch your business thrive. 

Battling Cybersquatting: Review of the UDRP Process

In today’s digital age, cybersquatting remains a significant challenge for businesses and trademark owners. Cybersquatters often register domain names that are identical or confusingly similar to registered and common law trademarks, intending to profit from the trademark owner’s reputation. 

To address this issue, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) was established. The UDRP allows trademark owners to file a complaint against the registrant of a domain name. The complaint is reviewed by an administrative panel, which decides whether the domain name should be transferred to the trademark owner or canceled. This process is designed to be more efficient and cost-effective than traditional litigation.  

The World Intellectual Property Organization (WIPO) and the Internet Commerce Association (ICA) play crucial roles in the UDRP process. WIPO administers the UDRP proceedings, providing a platform for trademark owners to file complaints and for panels to review and decide on these cases. ICA, on the other hand, oversees the domain name system and ensures that the UDRP is implemented effectively across all domain name registrars. 

The UDRP process is not without its challenges. Filing a complaint can still be expensive, and cybersquatters continuously find new ways to exploit domain names. In fact, these bad actors have often already been in your system, stolen your client data, your email addresses, and use the newly registered domain names to intercept communications with your customers. Often, they use this data to intercept funds from one party to another. Thus, it is crucial for businesses to be proactive in protecting their digital assets and to seek legal advice when dealing with cybersquatters. 

Here at Silverline Legal, we are excited and hopeful that WIPO and ICA can effectively collaborate to fine-tune the UDRP process by identifying areas that can assist trademark and business owners in combatting the rampant use of internet domains to commit cyber-crime.