Trademarks ,Copyrights, and LLC registration?

Discussion in 'Legal Issues' started by pHrEaK, Oct 19, 2011.

  1. #1
    I'm getting ready to launch a site that I believe has great potential to spiral into something huge and I'm trying to get some legal questions that I have answered. These questions relating to:

    Trademarks
    1. What do I need to do to obtain a trademark for the domain that I have registered?

    Copyrights
    2. Is the work I have created automatically protected by US copyright laws?
    3. If my work is not automatically protected what do I need to do to obtain the proper copyrights?

    Limited Liability Corporations
    4. Should I establish an LLC since I will be generating revenue that must be taxed?

    5. Is there anything else to consider before launching my site that I may have overlooked?

    I suppose I should also mention that I am a US citizen
    Any insight that can be provided is greatly appreciated!
     
    pHrEaK, Oct 19, 2011 IP
  2. attorney jaffe

    attorney jaffe Member

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    #2
    1. You can create a common law trademark in your domain name by simply putting a superscript TM on it in during its first use on your site. You could also register the name at uspto.gov.
    2. Yes, your copyright is created automatically once you post your original content. It is also a good idea to put a copyright notice on your site.
    4. You don't need an LLC as you can operate your business as a sole proprietor. Getting an LLC will limit your liability for debt only if people extend credit to your LLC.
    5. You should create a privacy policy and a terms of service for your site. I always recommend getting professional help to create these documents as well written policies will position you to keep from getting sued, and winning if you do get sued.
     
    attorney jaffe, Oct 19, 2011 IP
  3. pHrEaK

    pHrEaK Active Member

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    #3
    Thank you for your insight. I reviewed your website and you seem to be an individual who deals with these things frequently so your information is very much appreciated. Whenever I get the site up and running I may contact you in regard to reviewing the site and drafting a terms of service agreement.
     
    pHrEaK, Oct 19, 2011 IP