The Legal Pocketbook

Don’t Get in Trouble for Infringement

1. DON’T USE OTHER PEOPLE’S CONTENT

• Don’t use photos, videos, text, brand names, or other content that you didn’t make without the owner’s permission. For example, don’t include photos on your website or social media that you didn’t take unless you have consent from the owner. Using content you don’t own without consent can expose you to potential liability for copyright / trademark infringement.

• “Fair use” exceptions rarely apply to any uses related to your business,(at least not in a legally safe way), though we can always connect to discuss your planned usage.

• And there are shark lawyers out there scouring the internet looking for any unauthorized uses of their clients’ content, and they can shake you down for thousands of dollars if they catch you using unauthorized content. You can always check with us if you are unsure.

2. GET CONSENT WHEN FEATURING OTHER PEOPLE

Also, you generally shouldn’t use photos or videos that feature other people without their consent, even if you made the content. For example, if you record content at an event, or are recording talent for media content, and want to use that content for marketing purposes, then you should generally have everyone who is featured in the content sign a consent form confirming your rights to use the content for those purposes. Otherwise, you may be infringing on their publicity rights and could end up liable for damages. We are happy to help prepare the appropriate consent forms as needed.

Protect your Trademarks

1. ENFORCE YOUR TRADEMARK RIGHTS

• When you own a trademark (like a brand name, product name, logo or slogan), that means you have exclusive rights to that trademark in connection with your offerings and can stop others from using a similar trademark in connection with similar offerings. So, if you see a similar trademark being used in connection with similar offerings, then you may have rights to stop them.

• Note that if you don’t take measures to stop or limit infringing uses, you could eventually lose exclusive rights to the trademark by waiving your enforcement rights. So, if you think another brand is infringing on your trademark, let us know so we can assess the situation and take appropriate steps.

• We don’t recommend contacting the infringer until we have connected on the matter as we’ll want to confirm the scope of your rights and the best next steps before engaging with them.

2. TRADEMARK EXPANSIONS

If you start using your trademark in connection with new offerings or in new international places, then we should connect on potentially expanding your trademark rights. For example, if we filed your trademark in connection with educational content, and now you are also offering apparel, then we can look into expanding your trademark rights to apply to that new line of offerings. Or, if you need to secure your rights to the trademark in another country, then we can look into expanding your trademarks into that location.

3. PROTECT NEW BRAND NAMES

If you have any new unique brand names, product names, slogans, or other trademarks, we should connect to make sure it’s not infringing on an existing trademark before you use it, and we can look into protecting it as needed.

4. TRADEMARK RENEWALS

If you have a trademark registration, renewals are due every 5-6 years after registration. You need to prove that you are still using the trademark in order to renew. If you filed your trademark with us, we have it in our docket and will let you know of any renewals that may be due.

5. AVOID OVERLY BROAD LICENSING

If you are licensing your brand name to another party, you need to maintain oversight and quality control over their usage or you can lose rights to your brand name. Check with us before signing any licensing deals.

6. AVOID SCAMS

You may get mail designed to look like an official government notice asking you to pay money for random trademark filings that you do not need. These may come from the “WTMR” or other scam organizations trying to trick you into paying money for unnecessary filings. You generally do not owe any additional money to maintain your trademark aside from renewals or other maintenance filings that we coordinate with you.

Protect your Copyrights

1. NEW CREATIVE CONTENT

If you create any new original creative content that you want to protect from infringement, we should connect on that and consider registering a copyright for the content. For example, if you write a book or make an e-course, then we may want to consider registering a copyright for it. Although you generally own the common law copyright to the content just by making it, you will be in a much better position to enforce your rights with a registration. For example, with a registration you are by default entitled to $750 - $150,000 in damages per infringement, whereas without a registration you have to prove your losses, which can be challenging or limited. Also, you can’t sue for copyright infringement until you have a registration, which can slow down your enforcement.

2. COPYRIGHT UPDATES & RENEWALS

If you update any of your copyrighted creative content, like publish a new edition of your book or make a new version of your e-course, then we can consider filing a new copyright application to protect the updated content. Otherwise, you generally do not need to renew your copyright registrations.

PROTECT YOUR TRADE SECRETS

If you have private valuable content, like a secret recipe, e-mail list, supplier contacts, or other confidential information you don’t want used or shared by others, then you should protect that information as a trade secret. To do that, you should (1) keep the information secured in a private place, (2) do not make it public, and (3) if you need to share the information with someone, like an employee or contractor, do so on a “need-to-know” basis only, and make sure the recipient has signed an agreement that bounds them to confidentiality in connection with the content. We can help make sure you have the right confidentiality agreements whenever you need to share private information.