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Copyright infringement refers to the use of any work without permission that is protected by copyright law. This act infringes upon the rights that have been granted to the copyright holder and violates them. Copyright law states that third parties are forbidden to display, reproduce, or perform works to which a copyright has been assigned.

With so many brands out there, you should be aware of the basics of copyright to make sure you do not violate any laws. You should also be aware of this to make sure you don’t become a victim yourself. You can prevent copyright infringement, both to your brand and avoid doing it to others.

There is a constant flow through the court system of both individuals and companies that are in breach of copyright laws and typically, heavy fines come along with it. There are ways to avoid copyright infringement and it can start by knowing the law and not paying attention to the common myths that circulate.

NOT So Simple

Many out there think that choosing a domain name is a simple task, and it may appear to be so. It’s available, easy to remember. Let’s take it. After all, it has a nice ring to it, describes your products, it’s clever and easy to spell. You might think you picked a winner, especially with all the new gTLDs  becoming available right now. Though, in many cases, nothing can be further from the truth. From a marketing perspective you might say your job is done. But, in many cases you may have potentially caused a legal flare up.

Look at it this way. There are millions of commercial websites out there. The choice you made in choosing your domain name might just be in conflict with any of them and you’ll be at risk of losing it. To put it bluntly, all that hard work and money you’ve put into the building of your website and marketing it, can be lost. This could lead to irreparable damage to your brand or at worst cause a complete shutdown.

The Trademark Basics

There are certain rules that every brand operator should know as to whether a potential legal conflict exists.  Knowing these rules are paramount to not only protecting yourself but will also educate you about how you can avoid infringing copyrighted material. For example

• Trademarks include any name(s) that describe the source of the services or products offered
• Clever, suggestive or memorable trademarks are most of the time protected under law (state and federal)
• If there is a conflict found, the second user may have to pay damages to the rightful owner of the trademark and most probably have to cease using it
• In the event of a conflict, the original commercial entity of the trademark rightfully owns it
• A Trademark that has gained notoriety and distinction via advertising and sales is protected under law
• Trademarks legally conflict with each other when confusion exists about the brand

Confusion

This last point is most of the time the core of any conflict regarding trademarks so I’ll expound on it further. You will more than likely risk losing the domain name you’ve chosen if an existing trademark convinces the judge or an arbitrator, that by using the  domain name you chose , it will cause customers to be confused regarding the source or quality of the product(s). This is a major problem online where customers think they are buying authentic products, only to find that the item(s) they purchased are of less quality than they envisioned receiving.

Let’s take a look at a made-up example. I want to buy a vintage Adidas sneaker that only is available on the web. I meant to type Adidas.com and instead typed Adidass.com. You get to some guy named Rick’s site who is trying to make it off Adidas’s good name. You order from the site and receive what you thought was an Adidas classic shoe, but after wearing them a few times you notice some wear and tear and the colors are already fading . Clearly, this is not an authentic Adidas product. You go back, check and discover, you purchased from a trademark infringing site. Yes. A counterfeiter.

In the eyes of a consumer, the brand might still appear to be tarnished, as it is already engrained in their mind that they bought an Adidas shoe. The quality of the shoe was poor as opposed to the authentic pair they just threw out after 5 years of use. This pair didn’t even last a month. On first glance, the differences aren’t so clear, especially with professionally made counterfeits. Some consumers might even think that Adidas is at fault for allowing this to happen, hence leading to brand damage.

Now, while brands can wait for this to happen and then do things as they come up, there could be thousands and even hundreds of thousands of dollars stolen from your brand, before you realize there even is a problem. But, there are ways to avoid copyright infringement.

Online Brand Protection

Online brand protection technology is a tool that helps prevent copyright infringement. Whether it is an instance of typo squatting or an instance of pharming, brand protection technology reduces risks, prevents damage by alerting the trademark owner of these suspicious sites in a proactive way, and presents these risks to you in a highly visual and prioritized format, therefore leaving you protected and shielding your brand from harm. More reasons to use Brand Protection? Click here.