Written Information Security Plan (WISP): A Good Idea

Even a wisp of data collected by hackers, thieves, or other nefarious cyber-criminals as a result of a breach may leave you open to a lawsuit. To protect your company, it is important to have security measures in place to safeguard sensitive data.  While not legally required in all 50 states, a written information security program (WISP) can help your company protect its data, and, if necessary, react to a breach.  Essential elements of a WISP include laying out procedures for your company to store and transfer sensitive data and assigning an employee to maintain and implement these security procedures.

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TM, SM, & ®: What to Use?

TM, SM, and ® - what do they mean? ​TM and SM are used for unregistered trademarks and service marks, respectively. However, the ® symbol indicates that a mark is registered with the U.S. Patent and Trademark Office (USPTO).

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Complying with the Children's Online Privacy Protection Act (COPPA)

Be careful if your business collects personal information from children under the age of thirteen- generally, most businesses do not want this type of information for a very specific reason.  Congress enacted the Children’s Online Privacy Protection Act (COPPA) in the late 90's.  COPPA applies to opperators of commercial websites and online services (including mobile apps) directed to children under thirteen that collect, use, or disclose personal information from children, and operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under thirteen.

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Website Terms of Service & Privacy Policy

Somewhere on this page there is a link to this site's terms of service and privacy policy. Very few consumers read online terms and policies, even for sites and apps they use daily. If no one reads these terms and policies, why bother having them?  Just because these terms and policies are not well read does not mean that they are not binding contracts that could be helpful to your company's online presence.  There are many situations where having either click-through or passive terms of service and privacy policies can be helpful, and here are the top five reasons you may want website terms and policies:

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UDRP: Domain Name Disputes

How do you resolve a dispute over a domain name? For example, if you own Widgets, Inc. (and use that name in commerce), and another person registers www.widgetsinc.com, what can you do?  Among other options, the Internet Corporation for Assigned Names and Numbers (ICANN) has a streamlined Uniform Dispute Resolution Procedure (UDRP) that allows for an expedited process to resolve these types of disputes.

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