The Rules of the Game (photo courtesy of iStock.com)

Although I often joke that I’m a recovering lawyer, the truth is that law comes into contact with marketing more than you’d realize.

As you set out to market your small business, it’s important to check that the foundation for what you’re doing is secure.  What do I mean?  Here’s a quick tip sheet:

Make Sure You Own Your Trademark
Many businesses are formed and move forward with enthusiasm, only to later find out that someone owns the trademark to their business name.  You might be thinking “But I registered my business name!”  My guess is that when you registered that name, you only looked locally to see what businesses were out there. It’s also possible for someone to own a trademark even if that isn’t their actual business name. In short? Do your research.  Here’s the link to the US Patent and Trademark Office. Even if you don’t register your own trademark just yet, make sure the coast is clear before investing time and resources in building a brand that can’t belong to you.

Don’t Use Text You Found… Anywhere!
More than once I have been asked “If something is found on the Internet, is it free to use?” The response is a resounding NO!  It is not okay to use text (or images or other content) just because you found it online. I can see how it’s tempting to cut corners or copy and paste, but it’s not only unprofessional — it can open your company to serious liability! The writing on other business sites and marketing materials is copyrighted by those parties. I’m not saying you have to write your own- there are people to hire for that (hint hint).

Savvy business owners know that generating fresh content they own is the key to marketing success. As an additional fun fact, when you copy and paste, you won’t get the same search engine credibility you’d get if you originated the content.  Feel free to LINK to sites you think are important, but don’t grab their content. And yes, this is true whether or not you credit them. Unless you have express written permission to use their content, don’t do it!

Protect Your Own Intellectual Property
This one is obvious (hopefully!).  For example, if your website features photos you took or content you wrote, be sure to include a copyright notice.  Put others on notice about what you’ve created and what they may not use without your permission.  If your logo is trademarked, make sure you are using the proper (R) notation, and so on.

License the Images You Want to Use – Properly!
These days, you can right click and save virtually any image you see online. Don’t do it. New search features allow companies (such as the companies you should be properly licensing your photos from) to scan websites for infringing items. So it’s much easier to find infringers than it ever was before (not that that should be your reason to respect copyright!)  There are a number of “royalty-free” sites online, trying to compete with iStockphoto or Shutterstock and other legitimate stock photo websites – unfortunately, these cheaper competitors often put so much in the little print that if you read it, you wouldn’t actually use it.  In short, stick to reputed sites and when in doubt, do NOT use content you have not paid for/was not created by you or someone you know. It’s not just a legal hassle, but it reflects poorly on a business. Bonus tip: I often recommend that when businesses do that first set of headshots, they book extra time with the photographer for stock photos/business imagery they can use as needed.

Know and Abide By Industry Guidelines/Regulations
Every industry has specific limitations on how you can talk about what you do/sell, what constitutes acceptable advertising, and what will get you in trouble. These regulations can change, and if you’re in touch with your industry, hopefully you already know what marketing you can or can not do.  This extends to including disclaimers on your materials as needed, but your lawyer can tell you more about that!

You have a lawyer… right?

The materials on this website are provided for informational purposes only and do not constitute legal advice. The information on this website is offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions, nor does it create an attorney-client relationship.  By way of reminder, Lucky 13 Strategies services are exclusively in the area of marketing and brand strategy, and do not include legal representation of any kind.

Do you have a marketing question about your small business?  Or would you like someone else to create customized marketing content for your business that you can own and freely promote?
Contact San Diego’s Lucky 13 Strategies for your small business marketing needs.