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 […]
The Digital Millennium Copyright Act (“DMCA”) is something you must be familiar with if you operate a blog, chat room or interactive website. The law has two basic functions. First, it protects copyright owners by providing them with a mechanism to enforce their rights without having to directly sue the infringer! The DMCA allows copyright owners to notify and demand that service providers take down infringing content contained in any medium hosted by the provider. This allows the copyright holder to attempt to stop the infringement other than by making a demand and dealing directly with the actual infringer. This greatly increases the likelihood of stopping the infringement since the service provider may be obligated to act.
But, the second function of this law is to provide certain “service providers” (i.e. ISP’s, email providers, search engines, online auction sites, host providers, chat rooms, interactive websites, news providers, etc.) with immunity […]
If you operate a website, are you aware of the ways in which website operators can become liable for use of external links? Traditionally, website operators have not been held liable for merely placing an external text link on their website. But, doing more than simply placing a text link on your site and your website content may in many instances result in liability. The following legal guide will introduce you to basic liability resulting from misuse of external links and for framing.
Types of Links & Framing
Before I discuss external links and framing liability, you should understand the basic types of website links if you don’t already. There are two basic types of external links. Text links (embedded links in text) are called hypertext reference (“HyperREFerence”) links. These links can lead to a different point on the same page, or to a different page in the same site. Of […]