TIP OF THE MONTH (Archives):
[February 2012] What to do if you are a Defendant in a BitTorrent Lawsuit
Bitter about being named as a defendant in a BitTorrent suit? The Houston Lawyer Blog has outlined the steps you should take if you find yourself in this position:
- Don’t try to avoid the process server.
- Don’t make yourself an easy target. Hire an attorney.
- Be sure to file a response within a timely fashion (generally within 20 days).
[January 2012] Using Social Media in Your Marketing: Follow the 3Ms
Check out the FTC’s release, which provides guidance to companies who use social media in their marketing:
(1) Mandate a disclosure policy that complies with the law;
(2) Make sure people who work for you or with you know what the rules are; and
(3) Monitor what they’re doing on your behalf.
For more details, check out our blog post on this topic.
[October 2011] Save Yourself From Scrapes
Want to keep your website out of the hands of a “scraper”? Focal’s Venkat Balasubramani (“5 Steps to Deal with Scraping”) has a few suggestions to prevent extraction of your data.
(1) Terms of Service
(2) Cease and Desist Letter
(3) Take technical measures
(4) Employ a security/forensic professional
(5) Document
[September 2011] Securing Your Ideas
Now that President Obama has signed legislation that will reform the nation’s patent system, what do future inventors need to know?
Entrepreneuer.com has three suggestions (“How to Navigate the New Patent Law”) for those hoping to launch new ideas in the “first to file” era:
(1) File as soon as possible.
(2) Keep your invention secret.
(3) Get a partner.
[August 2011] Domain Names Do’s and Don’ts
Eager to snatch up that perfect domain name? Focal’s Nathan Webb has outlined a list of areas (“7 Things to Consider When Buying a Domain Name”) you should go over before sealing the deal:
(1) Sale v. The Legal Route
(2) Due Diligence
(3) Mitigate Your Risk by Properly Structuring the Payout
(4) Trademark Rights
(5) Typo-variations
(6) Website Content
(7) Your Communications May be Used in Litigation
[July 2011] Keep Those Background Checks in Check
Want to learn a little more about that person you’re thinking about hiring? CSO Online (“4 Tips for Using Facebook Legally to Conduct Background Checks”) says there are a number of legal issues employers should keep in mind before they start tapping into Facebook and Twitter profiles:
(1) If you’re going to use Facebook (or other social media channels) to vet job applicants, make it clear, up front, in the hiring process.
(2) But remember, once you’ve viewed it, it can put you in a legal conundrum.
(3) Consider a third party to do the research for you.
(4) Understand what you find may not be reliable or accurate.
[June 2011] Take Care of the Trademark
So you finally have your trademark registered – what should you be doing next?
According to Inc. magazine (“4 Tips for Protecting Your Trademark”), these are four measures every business should perform to safeguard their brand:
(1) Find a “watch service” that fits your business.
(2) Have a lawyer from the start.
(3) Be careful sending off letters.
(4) Conduct simple searches.
[May 2011] Take Control of Your Images
Are you giving away too much when you share your photos online? The Next Web has a few suggestions (“Your Photos? Not So According to Many Popular Photo-Sharing Apps”) on how to remain in control of your uploaded content:
(1) Use private servers or a service (like Mobypicture) that doesn’t aim to profit off your work.
(2) Always read an application’s Terms of Service (ToS).
(3) Direct any ToS concerns/questions to the app’s creator.
[April 2011] Protect Your Domain Name
In the wake of domain name seizure activity by the United States government, TorrentFreak listed a series of measures (“How to Stop Domain Names Being Seized by the US Government”) that could protect your site:
(1) Avoid registering domains that are handled by VeriSign or Afilias.
(2) Avoid using a US-based domain registrar.
(3) Avoid hosting your site with US companies.
(4) Avoid incorporating as a US business. No more Delaware.
(5) Adopt a DMCA-like procedure to take down reported content.
(6) Legal uses of your product versus possible illegal uses.
(7) Know the law, know the truth.
(8) Unite, work together.
[Feb. 2011] Implement a DMCA Policy:
If your website contains any user submitted content (e.g., comments, photos, videos, etc.), Wired magazine explained the simple steps you can take (“The $105 Fix That Could Protect You From Copyright-Troll Lawsuits”) to implement a DMCA policy — a useful tool that can limit your liability against claims of copyright infringement:
(1) Fill out a simple form and file it with the copyright office.
(2) Designate an agent who will field requests to take down content.