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Protecting Your Brand for the Next Decade ...Last month we covered how to select an excellent URL to
help build your brand. Since April 26th is
World Intellectual Property Day, I wanted to cover a
few pointers on how to protect your own
intellectual property, your brand, your current
projects and even your future endeavors.
What is Cybersquatting?
Cybersquatters are
individuals or companies that buy registration
rights for popular, trademarked and established
business names with the purpose of reselling to
the rightful owner or diverting traffic from the
rightful brand-owner to other sites. A few years
ago, this was only a problem for large, national
and international companies… think “McDonalds
and Wal-Mart” – but as the importance of local
search increases, cybersquatting for smaller
company names and typosquatting (purchasing
variations and misspellings of popular names)
will be on the rise. This means there is an
increasing threat to smaller companies like
yours. Brands like yours. Names like yours.
What Should You Do?
So, if your business name
isn’t your current URL, and you find that your
business name is currently available as a URL…
grab it! Even if you don’t plan to use it as
your main address, you should redirect it to
your active URL or hold it to prevent others
from misusing your good name. Grab any
misspellings or common typo forms of your name
as well.
For instance, if your
business name is Best Service Realty, and your
URL is MyTownHomesForSale.com, you should also
grab “BestServiceRealty.com” and
“BestServiceRealEstate.com” and perhaps even
“BestServiceRealEstateAgent.com” For any primary
branding .coms that you grab, you should also
grab the .net and .org to protect your brand.
For misspellings, like “MyTownHomes4sale.com”
“MyTownHomesFourSale.com” and singular (or
plural versions) “MyTownHomeForSale.com” you
only need the .com – that’s to prevent a
thoughtless typo or a momentary finger-tangling
from directing your potential clients to a
predator’s site.
What are the other URLs
you should consider capturing?
How about your phone number?
(Capture with and without dashes) Buy your
tagline too. I currently own my tagline url (www.WritingAndMarketingMagic.com),
my business number URL (www.1-800-wicked8.com),
and variations on my own business name (www.WickedWriting.com
and
www.WickedWebCraft.com) and my line of work
(www.WickedWebMarketing.com
and
www.WickedWebWriter.com) as well as my own
name (www.AngelaAllenParker.com
and
www.AngelaAParker.com).
You work hard to build your
business, to promote your service to your
clients under a single brand name. The last
thing you want to do is work this hard to create
a business that rewards someone too lazy to
build their own, but crafty enough to steal
yours.
How Much Will It Cost?
These online protections are
relatively cheap as marketing expenses go – less
than $10 per name per year if you register with
GoDaddy.com, much less if you register for
multiple years. So, it doesn’t cost much to buy
a little protection and some peace of mind.
Will You Have Problems If
You Collect Cool URLs?
Most of us own a couple (or
even a couple dozen… or *gulp* a couple hundred)
favorite URLs that were just too cool NOT to
buy. I own several URLs that I plan to resell
along with a concept outlines to help
entrepreneurs develop the names into viable
businesses. (It’s business development
marketing, it’s what I do.) Likewise, you may
plan to offer domain names from your own
collection for sale to others. That’s not
cybersquatting -- unless you are doing it with
the intent of gouging the rightful owners of an
existing business name or trademark.
What if Someone Already
Owns Your URL?
If it’s a URL you just want,
but isn’t your business name, you can offer them
a fair price for it. If you find a URL you want
and you don’t want to pay the asking price to
the current owner, or if you are the patient
type, you can use a URL monitoring service (GoDaddy.com
offers a backorder option), and wait it out in
the hope that they fail to renew.
But, if it’s your actual
business name, or a proprietary intellectual
holding and they grabbed it after you
established the business, you may be able to
fight it legally. In November of 1999, President
Clinton signed the
Anticybersquatting Consumer Protection Act
to help businesses beat these predatory
practices. Under this act, prosecutable bad
faith is defined by registration of a domain
name:
-
With intent to cause
confusion or mistake, deceive or cause
dilution of the distinctive quality of a
famous trademark; or
-
with the intention of
diverting consumers from the domain or other
online location of the person or entity who
is the owner of a trademark.
For more information on
cybersquatting prevention and general
intellectual property protection, visit The
World Intellectual Property Organization.
This organization has resources you may find
educational as well as an arbitration center.
Trademark laws also now cover wrongful purchase
of URLs, check with your attorney or a trademark
specialist to determine if you have a case.
NOTE: Remember that “REALTOR®” is a registered
trademark. Don’t use this in your URL, even if
you are a REALTOR, without permission.
Things to Remember When
Buying URLs
If you plan to collect URLs
for resale, do so ethically. Make sure your
purchases aren’t predatory. If you are trying to
protect your own brand, consider all aspects of
how the cream from your branding could be
siphoned off by an unscrupulous domain poacher
and secure those URLs. (Don’t try to cover all
possible variations, you will make yourself
crazy.) I’m embarrassed to admit how many domain
names I own at the moment… so be careful,
collecting domains is addictive!
Do employ the 80/20 rule to
minimize your exposure to online brand-poaching
– i.e., expend 20 percent of your effort and URL
purchasing dollars to cover 80 percent of your
potential losses to poachers.
Just get the most obvious
URLs and then get back to business building your
brand!
DISCLAIMER: The author of this article is
not an attorney and this article is for
informational purposes only. Contact an
intellectual property rights attorney for a
legal opinion and guidance concerning protecting
your intellectual property rights, domain name
use and purchasing practices.
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