Understanding Trademark Reservations
Marking your goods and services with a trademark or service mark grants you permission to use a trademark in connection with a certain line of business. Trademarking your own name is an option, but not a requirement. Properly credit the use of other people’s trademarks and service marks.
Exercising Your Trademark Rights
You can exercise your trademark rights online. For example, registering a domain name associated with a trademark is a privilege reserved for the trademark holder alone. Even famous people’s names are subject to this limitation. Unless the manufacturer gives you permission, you shouldn’t utilize a trademarked term in your keyword meta tags or pay-per-click ads.
Protecting Your Trademarks
To market and sell the protected product, consult an intellectual property or business counsel if you suspect that a rival is intentionally infringing on your trademarks. You must append the superscript ® for registered marks or ™ for trademarks whenever you use a trademarked term, including your own, in text on your site. The mark is still pending and has not been issued. Put a notice on your site that says who owns the trademark. It is possible to identify the trademark owners or make use of a generalization like “The owners of all trademarks are the rightful proprietors of such trademarks.”
Trademark Applications
Trademark applications are more involved than copyright applications. Once you’ve read the Where to Start section on the USPTO site, you can search the USPTO database for availability within your class of goods or services. There is a fee for filing electronically. You are not required to hire an IP counsel to file a trademark application; however, you may wish to do so.
Preventing Legal Action: From Legal Notices to Usage Policies
Setting Legal Notices
Many popular websites with diverse user bases have disclaimers that set terms and conditions and restrict the liability of the site owners. These disclaimers and terms of service agreements mainly exist to shield businesses from legal action. Content that does not fit the criteria for “adult” on websites may annoy legislators, investors, or marketers.
Developing Usage Policies
If you want to develop a community around user-posted content, you need to think about what kinds of things you’re willing to allow. Make your needs known in a Terms of Use agreement and determine the procedures for enforcing such requirements. Make sure to allocate funds for site maintenance that cover the costs of review.
Connecting Lawfully
Addressing Website Linkages
Problems with the law pertaining to linkages between websites did not arise until the advent of the World Wide Web. One side of the coin has site owners who would like unrestricted access to link to any site they like. A number of other websites would like to regulate incoming links by determining the acceptability of the referring site.
Rules for Directing Traffic
Additional rules for directing traffic to other websites include using highlighted text links extensively, getting the go-ahead before displaying a link that selectively retrieves and shows content, and putting a notice on your Links or Legal page stating that you aren’t liable for anything on other people’s sites and that they aren’t actually affiliated with yours.
Evaluating Data Protection Notices
Protecting User Data
When users make a purchase or sign up for a newsletter, the information they submit may be anything from an email address to a credit card number. User data must be securely protected in this age of identity theft. Clearly communicate the intended and unintended uses of individuals’ data as well as the duration of its storage.
Making Places Safe for Children
Complying with COPPA
Learn more about the Children’s Online Privacy Protection Act (COPPA) and how your website can comply with it if it gathers data from kids under the age of 13. Be sure no predators are luring or lurking in the background if you allow chat rooms and message boards on your child-oriented site.
Keeping Your Company Secure
Protecting Against Online Threats
Although many are worried about internet scams targeting consumers, the threats that businesses confront from things like hacking, intellectual property theft, fraud, and server outages caused by denial of service attacks go largely unnoticed. As a merchant, you usually have to eat your losses. Online payment gateways with address and card code verification systems are becoming increasingly popular among retailers. If you notice an unusual number of orders from the same client or other suspicious activity, it may be time to investigate to prevent fraud.
© Image credits to Mudassir Ali
Posted in Business Solutions
