Intellectual Property Law: Conquering Online Evidence

Hear from leading IP attorneys from Banner Witcoff and Greenberg Traurig on the topic of online evidence collection.

Last Updated April 2024

In the realm of intellectual property (IP) law, the significance of online evidence cannot be overstated. Websites and social media platforms serve as virtual treasure troves of valuable information crucial for protecting and defending clients' IP rights. However, despite the wealth of digital evidence available, many attorneys face challenges in effectively identifying, collecting, and preserving these ephemeral data types. The consequences of inadequate preservation methods can be dire, as evidenced by the exclusion of digital evidence in numerous IP cases in recent years.


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The Importance of Internet-Based Evidence

In today's digital landscape, the proliferation of online content presents both opportunities and challenges for IP attorneys. Websites and social media platforms offer valuable insights into potential copyright and trademark infringements, counterfeit products, brand misuse, and other IP-related issues. By leveraging internet-based evidence, attorneys can strengthen their cases, substantiate claims, and protect their clients' intellectual property rights more effectively.

Challenges in Collecting and Preserving Digital Evidence

Despite the potential benefits, collecting and preserving online evidence present unique challenges for attorneys. The dynamic nature of the internet means that content can change or disappear rapidly, making timely capture essential. Additionally, ensuring the authenticity and admissibility of digital evidence requires adherence to rigorous preservation methods, which many attorneys may struggle to implement effectively.

Mitigating Risks Through Proper Collection Methods

To address these challenges, it is crucial for IP attorneys to adopt proper collection methods when leveraging internet-based evidence. This includes employing specialized tools and software designed for capturing and preserving digital content, such as web archiving platforms and social media monitoring tools. By implementing robust preservation protocols, attorneys can mitigate the risk of evidence exclusion and bolster the credibility of their cases.

Insights from Leading IP Attorneys

In this webinar, attendees will have the opportunity to gain insights from leading IP attorneys who have successfully leveraged internet-based evidence to strengthen their practices. Marc Trachtenberg of Greenberg Traurig and Christian Wolfgram of Banner Witcoff will share their experiences and strategies for effectively identifying, collecting, and preserving online evidence in IP cases. From practical tips to real-world case studies, participants will learn valuable techniques for maximizing the use of digital evidence to achieve favorable outcomes for their clients.