Internet Legal issues

My Qs has to do with internet sites like myspace and facebook how are they protected lets say I want to create a social networking site that does not sale anything and is only there for people to meet other people but i want to get paid from advertisment would I have to trademark my domain name trademark my symbol and slogan all before I even get the site up ?
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So I would need the terms of privacy before i get the site rolling and yes when I said symbol I ment logo and so i wouldnt be able to trademark the domain name before getting the site up i know different firms have different prices what is a ball park estimate of services of a trademark counsel
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Answers (2)

J Anthony Vittal

J Anthony Vittal

Contributor Level 4
As a general rule, the U.S. Patent & Trademark Office will not register a trademark for a domain name - at least not before it has developed demonstrable "secondary meaning" on the Internet to identify you or your entity as the source of the particular services. You may be able to register a trademark for your "symbol" (which I interpret to mean your logo) and your "slogan." You should run a search on TESS at the USPTO web site (http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4001:ki38ih.1.1) to determine whether your "symbol" and your "slogan" have been claimed by anyone else. Since trademark registration is relatively technical, you should consult with trademark counsel in Atlanta for assistance.

You also will need to develop, publish, and comply with terms of privacy and terms of use before you launch your site.

Disclaimer: This answer is provided as a courtesy. This response does not constitute legal advice, which requires an attorney-client relationship, and this response does not create an attorney-client relationship between us. It is impossible to properly evaluate a legal problem without a detailed consultation and a comprehensive review of all the facts, documents, and/or other materials involved. In addition, if you are in a state other than California (where I am admitted to practice), your state may have different laws. You therefore should not rely on this answer, but should consult with local counsel for definitive guidance.
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Kaiser Wahab

Kaiser Wahab

Contributor Level 6
I often advise my clients to wait until the venture has demonstrated some level of viability before investing in trademark protection. One thing is certain, you do not need to register your trademarks (domain, slogan, or otherwise) in order to conduct business. You will however, as pointed out, want to focus on a sturdy terms of service and privacy policy to be incorporated into the site and its registration process. I would also focus on makig sure that if you hire a developer that you have sound contracts with him or her regarding deliverables, ownership of IP, and other issues.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
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