Agreements To Build A Website

Agreements to build a website should be in writing.  It is important that an agreement to build a website contains language that makes clear that (1) the person paying for the website acquires all the copyrights to the website when it is completed, and (2) that the person creating the website has the right to include each component in the website.  In other words, the person paying for the website gets all the copyrights down the road without any copyright or trademark problems with a third party once the site is up and running.  

Even with a tight agreement, however, you should consider a 'defensive' trademark search if you intend to use a word, phrase or design as part of your website that may already be in use by someone else.  Better to find out early and save money than invest a lot of time in something that can be wiped out by simply the threat of litigation.  A major Japanese electronics manufacturer made a Baltimore restaurant change its name.  Who would confuse computer chips with potato chips?  Probably not many people.  But the restaurant didn't have the $20,000 to win the case.  

Law Offices of Douglas Clark Hollmann

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