5 Common Intellectual Property Pitfalls to Avoid

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For web designers. having a good traffic and high ranking of website is already amazing enough for them. But, in order to achieve that , one must avoids several issues such as intellectual property pitfalls that can disrupt the process of the web app development.

1. Failure to coordinate the trademark adoption and domain registration.

What is the problem?

So, you’re done filing and selecting a mark. However, what if the domain name that you want is already taken? If the domain name owner finds out that you want to create a business website with the same exact name, he or she will assume that you’re desperate. Chances are, you will be asked to pay a heavy some.

Before taking any major step, make sure that your trademark is available in your business market.

How can you avoid it? Align the trademark filings, as well as the disclosure of the intended name, with the domain name purchase.

2. Utilizing text and images that you don’t own.

no copyright by PublicDomainArt
What is the problem?

You used content from an online source in designing the business website. You used it without consent, and now, the copyright owners are demanding payment.

How can you avoid it?

See to it that you have rights to utilize all of your website content. Don’t just paste and copy text or images from other sources without any permission. Develop your materials, or get licenses from copyright owners.

3. Making unsubstantiated advertising claims, most especially in comparative advertising.

What is the problem?

You are using the wrong details in promoting your products and services. You are making claims based on incomplete and unsubstantiated information. The commission dealing with federal trades is already questioning the claims.

How can you avoid it?

Make sure that every claim you include in your webpages and marketing collaterals are legitimate, and supported by credible, substantial evidence. It’s better if you will utilize a third-party platform to make analyses and scientific tests. Keep all the supporting materials and documents. If they are no longer applicable, update your claims.

4. Infringing another person’s trademark rights.

What is the problem?

You chose a new website name, and spent a big amount of money creating content and other promotional materials. Now, you receive a notice from Company B saying that you are infringing trademark rights. It commands you to stop using its name. So, would you hire an attorney to fight them, or would you choose to rebrand?

How can you avoid it?
Before investing in a product or business name, choose many candidate. A 100% original and safe trademark is impossible, but there will surely be differences in the risks involved. Run online initial searches, even on foreign databases.

5. Selecting a business or brand name that can’t be protected.

Combination lock by jhnri4
What is the problem?

You have finalized your name, but you found out that it can’t be registered, enforced or protected. If there is no registered trademark and protectable name, you will have a hard time stopping another company from utilizing a similar mark.

How can you avoid it?

After choosing a brand or business name, register and file it as a trademark. The federal registration offers plenty of benefits, including the right to fight for monetary damages. This also functions as a deterrent to other companies getting a similar brand or business name.

Ensure that the application covers all services and products you would offer in the next many years.