It is easier to get in trouble with a website than you might think. What follows, then, are a few tips to help keep your website clear of problems. A word of caution: the law is changing in this area, and the specific facts of each case make a huge difference.

1. DOMAIN NAMES

a. Before you register a domain name, be sure to check for existing trademark registrations. If you don’t, and there is a pre-existing trademark, your domain name may be taken away from you.

i. Check the California business-name list.

Allowing visitors to post messages in one’s Web site has become increasingly popular. However, recent cases have shown that doing so may subject the Web-site owner to liability for contributory copyright infringement or defamation. Although the cases discussed below did not involve Web sites, the reasoning very likely applies to them as well.

In Religious Technology Center v. Netcom On-Line Communication Services, Inc. (907 F. Supp. 1361, N. Dist. Cal. 1995) the Court held that Netcom might be liable for contributory copyright infringement because of an infringing posting made by a BBS user to a newsgroup through Netcom. The post was on Netcom’s computer for only 11 days, but Netcom had taken no action during that period after the plaintiff told Netcom that the post was infringing.