Is your Company Website Protected?

Unfortunately, many business owners fail to take the appropriate action to safeguard their website. If you rely on one employee or independent contractor to maintain and update your website, it can cause serious issues if that individual stops working for you.

One important step you can take to protect your website is to own the code. It is common for small businesses to outsource the maintenance of their website, but it is crucial that you retain the right to control, modify and use the code. You should confirm that your development agreement or licensing agreement grants you these rights.

You will also want to ensure that your company will be provided copies of all developed code, even if you have hired a contractor to host your website. This is crucial because your company cannot change contractors or decide to host the website itself without the code. Make sure you have this right in your contract from the beginning, because it can be difficult to negotiate once an issue arises.

If your website provides visitors with information about your company’s products or services, it is imperative that you identify any trademarks. Even if you have not registered your trademark with the U.S. Patent and Trademark Office (USPTO), you may want to consider using a “TM symbol to put website visitors on notice that your company considers the word or phrase to be its valuable trademark.

There are other factors to consider when creating your website, especially if your site provides a unique function that could be considered an invention that should be protected by a patent. For assistance in determining the best means for protecting your website and trademarks, contact our knowledgeable attorneys to schedule an appointment. The attorneys at The Swenson Law Firm provide a variety of business law services to entities of all sizes.

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