Click To Get Book : Patent, Copyright & Trademark: An Intellectual Property Desk Reference
Before launching a website, a small investment and careful work on intellectual property (IP) can avoid the following common mistakes.
Case.1: Violating the trademark rights of someone else.
You have a new website or product; you have selected a brand name and spent a considerable amount to develop content and promotion materials around the brand name.
And now you receive a letter from an entity XYZ claiming that you are violating its trademark rights and demanding that you stop using the domain or business name. You are facing tough choices— are your going to rebrand it or are you gonna pay an attorney to fight the claim?
Solution:
Go Select few candidates and do some diligence before you're heavily invested in a name.
While there may not be a thing as a 100% safe trademark, major risk, differences between different candidate marks are likely to occur.
Run initial internet searches, using USPTO website and other applicable foreign databases such as WIPO, EUIPO and the Canadian Trademarks Database to see if someone is already using the same or identical name for a related service or product.
Give a thought about what you expect your company to do in the coming three years when conducting these searches and try and make sure nobody occupies a similar space.
If you are not finding someone else using a relevant mark, consult a trademark attorney who has enough extra resources and expertise to find and assess any risks. Now a few thousand dollars can save you a lot more in the long run ahead for your business.
Case.2: Selecting a brand name or domain that can’t be secured or protected.
You have selected your brand name and are using it only to know later that it can not be registered, protected and/or enforced.
One may refer case of ECONTEXT’S registration, wherin the Trademark Trial and Appeal Board refused its registration for, among other things, "computerized market research services," finding it merely descriptive of the marketing strategy delivered electronically involving similar situational circumstances.
If you have not chosen a protectable brand name and have gone ahead and registered this name as a trademark, you may find it difficult to stop Company B from using a confusingly same looking kinda trademark or claiming certain types of damages.
Solution:
Apply to register the name as a trademark after selecting it. A federal registration gives you ample benefits including a presumption of its ownership and validity as well as the right to claim some monetary damage.
This also acts as a disincentive to a similar name being adopted by others. See to it that your application covers all the products and services that you are hoping to offer in the coming years. Also apply in other countries where you wish to operate.
Enforce your rights to it once you have your mark. If you see any other entity or firm using a similar mark for a similar product, consult your lawyer on how to stop it.
Case.3: Non-coordination of domain name registration and trademark adoption.
You selected for a mark and filed it. But, it's already taken when you approach to register the corresponding domain name.
If the owner comes to know that you intend to start a website or business with the same name, it is possible that the owner will assume that you are desperate for it and might exploit the situation and make pay a heavy amount to get it.
Or, Under another case, you pay a lot of cash for a domain name just to find out that a trademark isn’t available for your company in the United States or in another significant industry.
Solution:
To ensure that the name you choose is both available and remains affordable to buy in the U.S, Manage properly the time of your filings and any disclosure of your selected name with the purchase of domain names.
Case.4: Use of content that is not originally yours.
You use internet content when developing your website. Now the copyright owners of that content material are demanding claim amount because without their authorization you used the material.
For example, Getty Images frequently sends letters to suspected peeps of using their copyrighted stuff without their prior permission and files suit when such notices are ignored.
Solution:
Ensure that you have proper rights or permission’s in place to use your website's entire content. Never use images or text without prior permission from the concerned person on internet. Try to create your own original stuff or else take prior permission from the rightful copy right owner of the said content.
Try to avoid using faces or using other people's names to promote your business this can possible violate the advertising rights of those persons. Ensure that you have proper agreements in place with any party that provides you content.
See to it that you take the copyright of all the work created by hiring any consultants or writers or any other providers, otherwise there is high chance that the copyright for the given stuff may remain with them.
Case.5: Unsubstantiated advertise claims, particularly in comparative ad’s.
You make claims about it on your website when promoting your new product or service on the basis of unsubstantiated or half information.
Claims of one company comaparing its products with some of its competitor company say XYZ, The company XYZ takes notice of all these claims and files a false advertising complaint or you come to know that these claims of your company are being questioned by FTC i;e Federal Trade Commission.
Solution:
See to it that whatever you claim on your website (or other promotional materials) are truly valid and have a firm substantial and credible evidence and necessary supportings to make those claims.
If you wish to conduct any scientific tests or similar kind of analysis, use a reputed third party. see to it that you keep the required materials and supporting documents. If they are no longer valid, remember to update claims.
When make claims about other competitors competing products, be particularly careful. even though comparative advertising is not illegal in USA, necessary advertising and trade marking laws must be complied with.
Comparative advertising can be very efficient, but the risk is that your competitors are going to scrutinize it. hence, one needs to be extra careful as to not violate trademarks of your competitors or others.
And also one needs to ensure that their logos or names from being used and they do not point to any kind of association with you
Click To Get Book : Patent, Copyright & Trademark: An Intellectual Property Desk Reference
PRIVACY POLICY
Your privacy is very important to us and we take it very seriously. This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your information when you use the Website. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources.
What personal information do we collect from the people that visit our website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your requests.
• To send periodic emails regarding our services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. They are used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
• Understand and save user’s preferences for future visits.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled. It won’t affect the user’s experience.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We use Google Analytics on our website.
Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
We have implemented the following:
• Demographics and Interests Reporting
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
How does our site handle do not track signals?
We honor and do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we allow third party behavioral tracking.
Children’s Privacy
Protecting the privacy of young children is especially important. GGRG does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Website. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.
Fair Information Practices
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
• Within 5 business day
We will notify the users via in site notification
• Within 5 business day
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
If at any time you would like to unsubscribe from receiving future emails, you can email us at mpansare77@yahoo.com and we will promptly remove you from ALL correspondence.
Our contact details
Our Office Address:
1-7-1051, IDA, Hyderabad, Telangana, India
For any further information please email mpansare77@yahoo.com
Namerolls Media Holdings