SEO Review

You are a business owner with a web presence. During a routine Google search for your page ranking, you discover something disturbing. There is another company out there with a name very similar to yours and almost identical content on their website. What do you do? Is your company name and website content automatically protected by copyright law? Should you have registered your company name as a trademark? Can you demand that they change their name and dismantle their website immediately?

Intellectual Property can be a confusing topic, and one that all business owners should know about. Sadly however, many entrepreneurs simply don’t. Intellectual property is in very simple terms an idea that legally belongs to somebody, be they a company or an individual. Only the owner of that idea, or somebody the owner has a legal agreement with can use the idea. Generally, the owner of the idea is usually its creator unless someone paid them to create the idea, in which case the idea’s owner is the person who paid for the idea. There are different kinds of intellectual property, but for the purpose of this article, we will focus on copyright, patent and trademark.

Patent – A patent protects the creators of new inventions. An invention can include anything from a new product or business method to a recipe. If you decide to patent your invention, there a few things you should know. First, you will need to apply for a patent in every country where you would like your invention to be protected.

Secondly, getting a patent is going to cost you a pretty penny. You will have to pay thousands of dollars to patent your idea and it will take a minimum of 2 years (probably more) before you are granted a patent. Also, your precious invention will no longer remain a secret since your patent application will be made public once your application is submitted. If all of this wasn’t enough bad news, patent protection generally only lasts for twenty years from the date of your application. Phew! On the up side, once your patent is accepted, you can sue anyone who tries to manufacture or sell your invention.

It’s worth mentioning here that another method to keep your invention protected is to keep the method of manufacturing it a ‘trade secret’. If you choose this process, of course, in order to manufacture your product, you will have to tell somebody. You would have to have anyone who would learn your secret sign a confidentiality agreement. Consult a lawyer if you plan to use this method.

Trademark – Trademarks are the marks used to distinguish one company’s products or services from another’s. They can include a product name, a slogan, and any other mark that is deemed to be unique to a company such as a logo or unique packaging. As a rule, you can’t trademark descriptive words, geographical names or a person’s name. You also cannot register a business’ name. You can however, register part of a name used to identify a product or service. For example "Kellogg’s Company" is the owner of the "Kellogg’s" trademark and the "Rice Krispies" trademark. You cannot register a trademark similar to one that is already in use by another company.

Beware; a trademark does not have to be registered in order to prevent others from using it. If a company is using an unregistered trademark in your geographical area, they can still prevent you from using it. You could perform a search in a trademark database and find later that you are using another company’s unregistered trademark. If you find another company in a completely different industry using your unregistered trademark, you probably won’t be able to do anything about it if they are not your competitors or if they are not in your geographical vicinity. Protection of a registered trademark however, is much stronger than an unregistered one, and once you have a registered trademark, you can prevent competitors from using it, or confusingly similar ones anywhere in the country in which your trademark is registered.

Copyright – Any written text, artistic work, or computer program is automatically protected by copyright. Anything you or I write, be it published, online text or unpublished, handwritten text, is copyrighted. Also anything we draw, paint, photograph, film, or compose is also protected by copyright. Copyright can be registered, but it doesn’t have to be in order for it to be illegal for individuals to copy someone else’s work. Copyright also lasts for an extremely long time. Usually it lasts the duration of the author’s life plus fifty years at which point it becomes a part of the public domain and can be used by anyone.

Factual information cannot be copyrighted. For example, this article is based on fact. Although you cannot copy my article and claim to have authored it yourself, you can take the facts included in the article and use them in your written material. If you would like to use a very small portion of someone else’s written work, this is usually acceptable as long as you credít the author.

Finally, what do you do if someone uses your work without your permission? Your first step should be to contact the individual. You can usually either go to the contact page on the offender’s web site or go to WhoIs.com and enter the offender’s domain to find contact information. If your initial communication doesn’t get results, you should then send a ‘cease and desist order’. For sample orders, just perform a search on ‘cease and desist orders’. Finally if still no action is taken by the offending party, contact their web host and advise them of the situation and finally, contact search engines and make them aware of the situation. These actions should render the offender’s website useless or at the very least give them enough trouble to convince them to remove the copied material.

For more information on intellectual property in Canada, visit the Canadian Intellectual Property Office, for the U.S., visit the United States Patent and Trademark Office and for Europe please visit the European Patent Office.

About The Author
Kelly Sims is a Virtual Assistant and President of Virtually There VA Services. Please visit her website to sign up for her free monthly newsletter providing useful information that enhances and simplifies the lives of busy entrepreneurs. => http://www.virtuallythereva.com .

It’s a phrase I hear over and over again from many entrepreneurs, small businesses owners and inventors: “I’d love to hire someone to launch our publicity campaign professionally, but we can’t afford it, so I’m just going to have to do it on my own.”Over the past several months, I have been conducting an informal survey among entrepreneurs and business owners who have contacted me about my services. I have found that due to their lack of information or knowledge on the topic, many businesses typically over-estimate or over-budget the cost of a prospective public relations/publicity campaign. During my PR consultation with them, I asked: “How much do you think it will cost to launch a solid, effective PR/publicity campaign for your product/business?” Of the 102 people I’ve queried:

• 11% – Thought a professional PR campaign would cost $10,000+ per month
• 32% – Thought a professional PR campaign would cost $5,000-$10,000 per month
• 39% – Thought a professional PR campaign would cost $3,000-$5,000 per month
• 12% – Thought a professional PR campaign would cost $1,000-$3,000 per month
• 6% – Thought a professional PR campaign would cost less than $1,000 per month

The truth is — you can get a publicity/PR campaign in all of those price ranges. What you get for your monëy and how effective the campaign will be is the real question. It is true that the more you pay the more you get. But getting the most publicity/PR exposure doesn’t mean you have to get the most expensive PR agency or specialist.

A good rule of thumb is to align yourself with a PR business that best reflects your business size. Most times their rates will be in line with your prospective PR budget. If you are a small business owner with two employees, you need not hire a high-dollar PR agency with dozens of employees. Find a PR business whose office size and capabilities closely resemble your business.

Case in point — there is a large PR agency in a fancy building downtown a few miles from my office. Frankly, we are not even competition to each other – in fact we have even referred clients to each other. Why? They typically work with large corporations and implement campaigns of around $10,000 per month. My business works with small/medium-sized businesses. Mechanically, the downtown firm and my business do the same thing when it comes to PR campaigns: professional media release composition; extensive media market research; articulate personalized distribution to the media; months of media relations (article placements/interview scheduling/media request fulfillment, clipping/tracking of media placements, etc.).

Signing up with the big firm doesn’t mean you’ll necessarily get an experienced associate working on your campaign. So are you getting what you are paying for? A friend of mine who works at a major PR firm gave me the following breakdown of billing fees in his office:

• Interns/Junior Executives – bill at $75 / hour (Very little, if any professional experience)
• Account Executives – bill at $100 – $125 / hour (1-3 years of professional experience)
• Senior Account Executives – bill at $125 – $200 / hour (Multiple years of professional experience. Agency decision makers.)

Compare those prices to many small PR shops or individual PR specialists. Many have started their own PR businesses after years of experience in the industry and typically charge $50 – $100 per hour to professionally launch and maintain your campaign. Many times, you can get a seasoned PR veteran who will work directly with you and your staff for cheaper than the “Intern/Junior” executive rate at a downtown firm.

However, one word of advice — when choosing a smaller firm or individual to do your PR, make sure they have the same tools that the bígger agencies do: updated media lists/contacts; personalized media distribution capabilities; professional clipping/tracking services to get copies of each of your media placements (articles, tapes from TV/radio shows) as well as the intangibles of expert communication/media relations skills and professional pitching prowess. If they are cheaper, but don’t have all the tools to help you in the best manner possible, you are probably better off spending a little extra monëy to make sure your campaign is launched and maintained correctly.

The major benefits of hiring a professional (individual PR specialist or PR firm) to launch your campaign are:

• Proper Campaign Implementation – Improperly composed or poorly pitched campaigns are the major downfall of many PR efforts. Poorly written, over-commercialized media releases; uncalculated, misdirected mass e-mailing of the release pitch; no follow-up media relations/media request fulfillment; etc.. Your first impression to the media is a lasting one – make sure it’s a good one.
• Media Contacts – Most PR agencies have established multiple media contacts over several years that can lead to much better and more numerous media placements for your campaign. Let their foot in the door benefit you.

• Efficiency and Effectiveness – PR specialists/agencies generate publicity full time, 8-12 hours per day and know the ins and outs, shortcuts and secrets to getting the job done better and quicker. Sure you could hang your own drywall or do your own plumbing, but do you have the tools, the time and the expertise to make it cost effective? I always tell my clients, “You do what you do well, I’ll do what I do well and we’ll collectively move this business further up the ladder.”

One caveat when it comes to choosing a professional PR agency or individual to work with – signing up for a higher priced campaign doesn’t necessarily mean you will get better results than a cheaper campaign. And the inverse is true as well. Over the past year or so, many “low-cost PR/publicity services” have begun to pop up all over the Internet. Ones that promise to write and launch a press release for as low as $99. They are low in cost – because frankly many are low in quality. Bígger is not necessarily better, and cheap does not always mean a good bargain.

If you have the time, tools and talent to launch and maintain your own campaign, you should definitely do so. If not – there are a number of public relations/publicity firms, specialists and services out there. Research to find the one whose services and fees match your business plan. Once business owners, entrepreneurs, and inventors learn more about their options when it comes to launching a PR campaign — many find that they can’t afford NOT to have one.

About The Author
Todd Brabender is the President of Spread The News Public Relations, Inc.. His business specializes in generating media exposure and publicity for innovative products, businesses, experts and websites. (785) 842-8909 todd@spreadthenewspr.com http://www.spreadthenewspr.com

On March 16th, the International Corporation for Assigned Names & Numbers (ICANN) publicly de-accredited the domain registrar RegisterFly.com for fundamental contractual breaches. BusinessWeek Online appropriately called the RegisterFly.com debacle a “Train wreck” and although this is not SEO-related I think StepForth SEO Blog readers should be kept in the know about this situation. Perhaps this post will help you protect your domain(s) and ultimately your livelihoods from future train wrecks. To that end, I have outlined some tips at the end of this post that will serve as a checklist to help protect you.

So What Happened at RegisterFly.com?

Near as I can tell it all began when the owners of the company began a power struggle that ultimately eroded customer support to appalling levels. As a result, customers were not able to transfer or renew their domains and in some cases personal information on their domains were even switched to reflect RegisterFly ownership.

Here is a comment from the BusinessWeek article that speaks volumes of the bad will well-earned by RegisterFly.com:

“This has been a travesty. The transfer system was designed to work between two trusted registrars and completely breaks down when one has gone bad. RegisterFly has held customers hostage by not providing the “auth codes,” by arbitrarily locking domain names, by changing the “Whois” info, and by arbitrarily putting your domain into “ProtectFly”, their service to protect your identity but also keeps you from transferring your name.

We have lost domains and, more importantly, production Web sites have just gone dead, heading to a RegisterFly parking page instead. Try explaining this to customers depending on these sites for their business. RegisterFly’s debacle has ruined businesses and lives. And this could have all been avoided with a better process in place and more in-depth criteria for accreditation. This process must be improved before the Internet can truly be used for mission-critical applications.”

What Has ICANN Done to Help?

The International Corporation for Assigned Names & Numbers (ICANN) came under severe criticism as a result of RegisterFly.com’s actions because affected domain owners were frustrated ICANN took so long to act. Unfortunately it appears that the domain registration system has some serious flaws because ICANN, which is the only authoritative body in charge of domains, had little power to wield. Here is a March 7th excerpt from the ICANN Ombudsman Blog that provides some insight into ICANN’s efforts:

“ICANN is not a regulator. We rely mainly on contract law. We do not condone in any way whatsoever RegisterFly’s business practice and behaviour.

The options for customers to transfer their names to another registrar at this stage are limited. We will advise if we have more information on this point. Last Friday, ICANN convened a telephone conference among those needed to implement a plan that will help cease unintended deletions. This will prevent names from being deleted from the registry and becoming available for re-registration by others. RegisterFly has assured us (for what that is worth) that they will process such requests as soon as they are again technically operational. We will keep a close eye on this.

We do hope this information is helpful and provides some small level of comfort in what is clearly a stressful time for registrants and others affected by these events. Chëck in at both here and at our website www.icann.org where these issues (amongst others) are being discussed.”

For what it is worth, ICANN’s 16th of March posting announcing the de-accreditation of RegisterFly also indicated that “ICANN intends to hold a forum to discuss the reform of the Accreditation policy and process at its Lisbon meeting in a week’s time.” What will come of this meeting is uncertain but there is no doubt that ICANN needs a far largër stick to wield at future companies like RegisterFly.

Protecting Your Domains

Big thanks to jtara’s post at WebmasterWorld for some of these points:

1. Do your due diligence and chëck on the reputations of your prospective registrar before registering domains with them. Try searching with their name followed by “complaint” or any other related words and see if you find anything alarming. Most large registrars will have a complaint or two which is understandable but definitely go the other way if you see too many or if, in the worst case scenario, you see a movement such as www.registerflies.com .

2. Do NOT host your website with your registrar or use their DNS records because any downtime on their part may turn your website into a 404 .

3. Be careful registering your domain with a hostíng company. Just like a registrar, a hostíng company can leave you in hot water if it goes South. Generally hostíng companies are just resellers of domains so all is not lost; with some effort you may be able to skirt around the hostíng company and contact the core domain registrar.

4. If you must make your whois information private then use a 3rd party privacy service – one that is not directly affiliated with your registrar. This way you can be reasonably sure that your privacy options are under your control only.

5. Do NOT allow your registrar or hostíng company to have any stake in your domain whois records. For example, making a hostíng company contact the Admin of your domain opens you up to potential problems.

6. Make certain your whois information is accurate so you can be contacted should complications arise. You are out of luck if privacy is in effect but that should be an understood sacrifice of such a specialized service.

7. Register important domains for a few years instead of just one so that you can be sure you will not löse your domain to renewal should you find yourself with a bad registrar.

Closing Remarks

My heart goes out to all of those affected by this horrid situation. The idea that clients of RegisterFly may have lost domains after investing thousands of hours and dollars in their website – is a sobering thought. I can only hope that those most painfully affected by this mess get some justice – better late than nevër.

PS. I don’t think this post would be complete without a creative video that YouTube user “hd1080i” used to put the RegisterFly events into perspective.

About The Author
Ross Dunn is the founder and CEO of StepForth Search Engine Placement Inc. Based in Victoria, BC, Canada, StepForth has provided professional search engine placement and management services since 1997. Ross is a search engine optimization and placement expert with over 9 years of marketing experience and is a Certified Internet Marketing and Business Strategist (CIMBS). Blending his experience in the art of web design and search engine optimization, Ross offers a unique and informed perspective on obtaining top search engine placements. Ross can be reached at ross@stepforth.com.

What is a copyright? Can everything be copyrighted? A copyright is the expression of an idea. The idea itself is not copyrighted. Ideas can be patented and I will talk about patents later.Let’s consider the example of a story: a poor man who found lots of cash on his way back to his home from his work. He decided to keep the cash to improve his financial situation. But he could not sleep at night because he was haunted by strange voices that told him to find the owner and return the cash. This idea cannot be protected. Anybody can write a short story based on the idea. What is protected is how the author expresses the idea in the form of texts, illustrations, drawings, photographs, etc.

Once an expression is copyrighted, others can still use it for fair use. You can tape a few 15 seconds video clips from a copyrighted TV program and post it in your video blogs about a commentary on the program or broadcaster, etc. This will be considered a fair use and you will not infringe the copyright.

After a copyrighted material expires, it falls into the public domain. The life of a copyrighted material is the life of the author, plus 70 years. The public domain copyrighted materials can be reproduced without any infringement. For example, if you have an old picture with expired copyright, you can post the picture in your website.

In the USA, the Copyright Act of 1976 governs all copyrights. The Copyright Act does not protect any ideas, procedures, process, systems, and methods of operations, concepts, principle or discovery regardless of how it is expressed. It is the expression that is protected by the Copyright Act. You cannot copyright titles, names, slogans, and short phrases even if those have new ideas.

As mentioned earlier, the life span of a copyrighted material is the author’s life, plus 70 years in most cases. There are a few exceptions to this rule and they are: un-renewed copyrighted materials published pre-1964, materials published before 1978 without a copyrighted notice, and materials published by the US Government.

All copyrighted materials should be fixed in a tangible medium (papers, CDs, DVDs, etc.). If it is not fixed in a tangible medium, it is not copyrighted. For example, your speech to the graduating class that was nevër recorded, taped, or published is not protected under the US Copyright Act. Your can register your copyrighted materials with the US Copyright Office. All expressions of ideas are copyrighted regardless of whether they are registered with the Copyright Office or not. If you register the expression with the Copyright Office, you can receive statutory damages and attorney’s fees if an infringement occurs. If the material is not registered with the Copyrighted Office, you can only recover actual damages.

A patent holder of an invention has the right to exclude others from using, selling, and making the invention. The United States Patent Office (USPTO) awards patents. There are three kinds of patents: utility, design, and plant patents.

The most frequently used patents are utility patents. They have a life span of 20 years from the effective filing date if the filing date is after June 8, 1995. A utility patent also requires periodic maintenance fees. A utility patent must be a novel, useful, and non-obvious process, machine, manufacture, or compositions of matter or improvement to the same. There are three things that define a utility patent. First, it must be novel. Nobody should have invented, published, used, or manufactured the invention before. Second, one should be able to do something useful with the invention. If it is just novel without any usefulness, it cannot be patented. A patentable invention should not be obvious to the person with ordinary skills in the same technology space related to the invention.

A design patent is the appearance or aesthetic of an article and it has a life span of 14 years after the patent is issued. A plant patent, as the name applies, protects a distinct plant produced asexually. It has life span of 20 years from the filing date.

A trademark is word, symbol, design, or a combination of one or more of these items. It is used to identify the source of goods or services of one company and differentiate a company’s goods and services from others. A trademark should not be confusingly similar to other existing names or symbols.

A trademark is registered with the USPTO. It can also be registered through the state’s Secretary of State’s office. If the trademark is not registered, the rights to the trademark may be geographically limited. You cannot use the symbol ® to represent a mark if it is not registered.

If you want to maintain a trademark for your business, you must actively use it. Just registering a trademark without using it actively will result in diminished rights over time. Nevër allow a trademark to become a generic word. For example, the trademark “Aspirin” by Bayer has become a generic word to represent acetylsalicylic acid. Others can use it without causing any infringement. When you see a trademark used by authors as a noun or a verb, it may become a generic word. Trademark owners vigorously pursue authors from using the trademark as a noun or a verb. A trademark should always be used as an adjective. For example, Google is preventing others from using the word Google as a verb.

About The Author
Dr. Deepak Dutta is the creator of www.semanticbay.com – an interactive social network website based on user shared text and picture contents on any topics. His other website www.classifiedsforfree.com – is one of the oldest online classifieds sites.