Lawyer guides firms on technology

June 7, 1999

BY MICHAEL KRAUSS

This is one of an ongoing series of articles on interactive marketing leaders who are doing things other marketers could learn from. They are not yet household names. The executives we profile are laboring in the trenches today and will be in the headlines tomorrow. They're the emerging leaders of an emerging marketing discipline.

Name, rank and serial number: Marcelo Halpern, 35, partner, Gordon & Glickson.

CV.: Grew up in New Jersey. Taught computer programming while in high school. B.A, Wesleyan University. Managed political campaign databases for New York Mayor Ed Koch. Paid for law school through computer programming. Graduated Columbia Law and Business Schools. Worked at McDermott, Will & Emery. Joined Gordon & Glickson to practice technology law.

Mantra: "You don't want to lose the brand identity on the Internet you've worked so hard to build up off the Internet."

How do I register a name?:"You're asking for an IP address and a name to be associated with that IP address. Your local ISP provides the IP address. (Herndon, VA.-based) Network Solutions Inc. provides the Internet name registration to associate with the IP address. You can register online."

What's an IP Address?: "Look for four sets of three numbers separated by periods. That's an IP or Internet protocol address. It identifies an individual computer on the Internet. Originally this was the realm of the super-geeks. As the Universities came on line they decided they wanted to have names not numbers.

What does Network Solutions do? "It operates one big Internet name registration database."

How did cybersquatting start? "A writer for Wired magazine registered 'Mcdonalds.com.' McDonalds wasn't happy. It started a debate about domain names and trademarks."

Should I Fight or Switch? "It depends. If you already have an established brand name which is well known - you probably want to fight.If you're new and you find your name is taken, you're better off switching. Make sure you've got the domain name before you invest in brand identity."

Do I need a technologist/lawyer?: "Traditional patent and trademark attorneys are learning about the Internet, though it can help to have someone who understands the technology. But to register a name, it only (costs) $70, and you're done. You don't need an attorney for that."

Is the trademark process a different issue?: "You get trademark rights in a name or logo simply by using them. The registration helps cement those rights. You should probably have an attorney here; they can guide you in terms of fields of use and searches. It's a couple of thousand dollars.".

Michael Krauss is a partner with Diamond Technology Partners in Chicago.
He can be reached at news@ama.org.