| Internet advertising is powerful. However, with the greater capabilities of web advertising come new complications. Use the following tips to avoid common pitfalls with your website and other online advertising.
Avoid Trademark Infringement
Trademark law protects words, symbols, and slogans that identify and distinguish a given product or service. This means logos, domain names, and some keywords may be trademark protected. Trademark don’ts:
o Don’t reproduce logos on your site without permission;
o Don’t register a domain name or keywords that are trademarked by others; and
o Don’t use trademarked names in your Meta tags.
Avoid Copyright Infringement
Copyright law protects an author’s pictures, photographs, images, articles, etc. the moment they are created. As a copyright owner, the owner has the exclusive right to reproduce, copy, and distribute the work. If you want another author’s images or articles to supplement the content and design of your site, you will need the owner’s permission.
Use a Contract
If someone else is creating your website for you, be sure to have a contract in place. With an outside consultant you want to specify who owns the website as well as its design and content, and the domain name. You’ll also want to include an indemnification provision in case your consultant infringes someone else’s rights in creating your website. If an employee is creating your site clarify that it is a “work-made-for-hire” and that you retain ownership rights in all intellectual property.
Protect your own Trademarks and Copyrights
Identify your trademarks and copyrights to alert users of your rights. Registered trademarks and copyrights have some greater protections available, but even unregistered trademarks and copyrights are protected. Use the following marks as appropriate for your situation: ™, ®, and ©.
Linking Don’ts
Don’t use deep links, framing, or mirroring. The legality of the aforementioned techniques is disputable and many argue that such tactics involve illegal use of their site or confuse the consumer to an illegal degree.
Don’t Defame
Defamation claims can arise when a Webmaster publishes untrue statements that tend to damage the reputation of another person or company. If you’re going to talk about the competition, be sure you know what you are saying.
With a little knowledge, common sense, and the practice of treating others fairly we can avoid many common pitfalls and strengthen our reputation as business owners.
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