Legal Advice

Trademarks for Bloggers and podcasters

Gordon Firemark interviewed

Within this podcast Attorney Gordon Firemark provides information on how to protect your blog sites, podcasts, and websites. Firemark discusses the importance of trademark registration and how it gives broader rights and protections to the trademark-owner. Trademarking your site through a lawyer could cost about $1,000 per trademark, but it is worth it. Although descriptive titles are still very difficult for podcast and blog site owners to trademark it can be done. Firemark stated that until our sites are well known as associated, the best way to protect our creative sites is to trademark a “series,” like the website or podcast name and not the individual episode or blog post titles. The Lanham Act established trademark protection for unregistered marks. The three trademark symbols are listed below.

•    ™ Goods or products

•    ® Registered trademark

•    SM A service mark (best for podcasters, bloggers, websites)

Is Net Neutrality a Virtual Taking?

Professor Daniel Lyons, Boston College Law School

 In this podcast professor Daniel Lyons discusses the principal of “Net Neutrality” and it’s effect. Net neutrality is a principle that gives the federal government the authority to regulate Internet traffic. Lyons advises website owners to keep the Federal Communications Commission (FCC) regulations in mind when developing policies. In August of 2005, the FCC adopted an Internet Policy Statement with four principles “to ensure that broadband networks are widely deployed, open, affordable, and accessible to all consumers.” This Internet policy is extremely important for bloggers, podcasters, and online businesses and has assisted in the restructuring of my company.

NLRB says what to include and not to include in your social media policy

Travis Crabtree

Travis Crabtree discusses the best way to create policies for your company according to the National Labor Relation Board (NLRB). The NLRB is not fond of company policies that require employees to only include information that is ”completely accurate and not misleading and that they do not reveal non-public information on any public site.” Language within your company policy that prohibits employees from posting “offensive, demeaning, abusive or inappropriate remarks” or warning employees to think carefully before connecting with their colleagues is also unacceptable. Within my business the following policy is inserted.

You are responsible for any information you post online.  Any online behavior, including that done during non-work hours, that unnecessarily casts the Company in a negative light or that adversely impacts the Company environment of teamwork will ultimately be your responsibility and may be the basis for discipline by the Company.  Some examples include, but are not limited to, any vulgar, obscene or disparaging comments about the Company, its employees or customers that do not address the terms and conditions of your employment.