Boutique Law Firms, Intellectual Property, Small Law Firms, Solo Practitioners

Episode 14: Protecting Property Of The Intellectual Sort

Make sure you are prepared by taking some common sense and low-cost precautions.

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Lawyers are not necessarily members of the most beloved profession. While an obvious statement, it is important to realize that your work may end up, despite your most ardent efforts, upsetting your own clients or any foes that you may have had in the course of a litigation matter.

One place that many lawyers overlook as a liability is intellectual property. If someone feels the need to get retribution, messing with a firm by taking advantage of “would-be” intellectual property may be a tactic employed. Make sure you are prepared by taking some common sense and low-cost precautions…

Be the Master of Your Domain(s)

As someone who has been on the receiving end of calls from many a lawyer who wonders how someone was able to go buy the domain name with their partner names in it (Ex: smithsmithjonesllp.com), it is important to highlight that this is starting to become a common happening with lawyers and law firms, particularly solos and small firms who may not have a wealth of resources to fight back.

The stories I hear normally follow a similar fact pattern. A lawyer comes to the end of a contentious matter, often litigation, and the client or someone involved is not over the moon about the outcome. In order to either publicly vet complaints about the representation or to mock the firm, the party buys a domain name that is identical to the name of the firm or similar enough to be confusing to clients.  In other more severe cases, the domain name becomes home to a spoof site or a site that becomes an exercise in commentary about the law firm.

It is important to make sure that you own your domain names and are careful about management of your profile names on various social networks online. Acquire your Twitter handle. Grab your Facebook page. Not sure about the latest social network that has launched? In the least, go grab your profile name. This is good due diligence to ensure your brand management works to protect your brand and avoid a public relations headache.

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And, It’s Just Plain Good Branding

If you are not convinced this could happen to you, that’s all well and good, but it is a good idea just to make sure you have the various incarnations of your name or popular taglines in your back pocket in case you need them for future use.

Understand that the Internet can be fertile ground to challenge your firm and your brand. Be prepared by spending what is a low time and cost investment obtaining your domain names and profile names on social networks.

Christina Gagnier leads the Intellectual Property, Internet & Technology practice at Gagnier Margossian LLP, with a specialization in social media, copyright and information privacy. She is also at the helm of REALPOLITECH, a digital public relations consultancy that provides a broad range of services, including crisis communications. She serves on the Board of Directors of Without My Consent, combating issues like revenge porn. If you ever need to find her, start with Twitter at @gagnier or email her at [email protected].

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