Startup Branding Mistakes
Undoubtedly, one of the most important aspects of any business is its branding. New entrepreneurs and startups have a laundry list of brand protection concerns to navigate in the beginning. Simply put, a startup can make catastrophic branding mistakes in the beginning that it may not recover from. The following branding mistakes are focused on brand protection from a legal standpoint and should be avoided by any startup or existing business trying to establish a new brand.
1. Not Choosing A Business Name That Functions As A Trademark
Business trade names differentiate one business from another. They should not be confused with trademarks or service marks, which identify the actual goods or services in commerce. As a hypothetical example, Acme Holdings, Inc. may use the name “Acme Widgets” when holding itself out to the public. Acme Holdings, Inc. would be the legal name whereas Acme Widgets would be the […]
ICANN Domain Name Policy Concerns
As an attorney representing businesses with a robust online presence, I have seen both the good and the bad from ICANN. In case you are unfamiliar with ICANN, it is the non-profit organization that governs domain names and the Internet. I generally think the organization does a great job and we clearly need some regulatory oversight in place to protect brand owners and ensure a fluid and free Internet. However, there are some ICANN domain name policies that negatively affect the business community and brand owners in particular. I have kept track of my own thoughts based on past experiences filing Uniform Domain Name Dispute Resolution Policy (UDRP) complaints and dealing with other domain related issues.
The following is a summary of 2 important domain name issues that brand owners should be informed about.
1. The threshold to demonstrate UDRP ‘Bad Faith Registration’
The current UDRP fast track […]
If you thought there were already too many top-level (TLD’s) domains available, get ready for an avalanche!
If you are not already familiar with domain hierarchy, a top-level domain (“TLD”) is the core suffix of the domain, such as .com, .net, .org, etc. Most TLDs with three or more characters are referred to as “generic” TLDs (“gTLDs”). Beginning within days, the Internet Corporation for Assigned Names and Numbers (“ICANN”), Internet’s governing body, will make available over 1500 new gTLDs over the course of the next few years! These new domains will range from industry based domains, geographic based domains and even brand names like .nfl. Some new gTLDs won’t even be based on Latin scripts.
What are the implications of all the new gTLDs? Understanding how the release of the new gTLDs will affect your business or your brand is extremely important. First, it helps to understand that ICANN will release […]