| The Web can be a treacherous place. There are the quack 
                        health sites, the hate sites, and the porn sites, if you 
                        don't watch where you're going. There are those who want 
                        to hack into your computer and use it to launch attacks 
                        against others, if you don't protect yourself.
 And there's the threat of legal problems in putting 
                          up your own Web site, if you're not careful.  I recently experienced the reality of our legal system 
                          after I put up a small educational site about coin collecting, 
                          a hobby of mine. I named the site "Electronic Coin Collector's 
                          Survival Guide," and soon afterward I received a three-page 
                          letter sent via Federal Express demanding that I change 
                          the site's name.  The letter came from a lawyer representing the author 
                          of the book The Coin Collector's Survival Manual. 
                          It seemed that my name was too close to his and a potential 
                          trademark infringement. I quickly changed the name of 
                          my site to "Electronic Coin Collector's Guide," writing 
                          back to the lawyer that a two-sentence e-mail message 
                          would have achieved the same result.  I'm far from alone in receiving cease-and-desist "nastygrams" 
                          such as this. Disney, for instance, is famous for aggressively 
                          protecting its trademarks and copyrights, both online 
                          and off.  In one widely publicized case, Disney ordered three 
                          daycare centers in Florida to remove images of Mickey 
                          Mouse and other Disney characters displayed on their 
                          walls or pay licensing fees for them. (A trademark is 
                          typically a word or design that helps a company sell 
                          the product it's associated with, while a copyright 
                          is the legal right to control how writing, artwork, 
                          songs, movies, and so on can be used.)  In fairness, the courts have ruled over the years that 
                          businesses have to vigorously defend their trademarks 
                          or risk losing them to the public domain, which would 
                          prevent them from profiting from the trademarks.  One way they do this is through the cease-and-desist 
                          letter or e-mail message, or nastygram. "A nastygram 
                          is typically just a signal that the trademark holder 
                          wants you to stop using his trademark," says Stuart 
                          Mayer, a partner at Mayer Fortkort & Williams, an intellectual 
                          property law firm with offices in New Jersey, Virginia, 
                          and Texas [http://www.mfwlaw.com]. 
                         With trademarks, the key test is whether there could 
                          be any confusion in the mind of a reasonable person 
                          that your name is endorsed or supported by the owner 
                          of a trademarked name, says Mayer. Also important, he 
                          says, is if you've caused the trademark owner lost profits 
                          or if you've earned profits yourself as a result.  It can be difficult deciding how close your name can 
                          be to a trademarked name before you run the risk of 
                          trademark infringement. The more recognizable the trademark, 
                          the more latitude the courts will give the trademark 
                          owner, says Mayer.  National brands receive the most protection. "With 
                          McDonald's, you can have a problem with almost anything 
                          you put 'Mc' in front of, it if it looks like you're 
                          trying to trade on the McDonald's name, trying to take 
                          advantage of it," says Mayer. McDonald's was able to 
                          stop a hotel, for instance, from using the name McBed's, 
                          which implies quick and inexpensive.  But some companies go overboard with trademark, copyright, 
                          defamation, and related intellectual property and free 
                          speech issues, flinging out nastygrams indiscriminately, 
                          which can have a chilling effect on communication. In 
                          response, last year the Electronic Frontier Foundation, 
                          working with legal clinics at Harvard University, Stanford 
                          University, the University of California at Berkeley, 
                          and the University of San Francisco, put up a Web site 
                          called Chilling Effects [http://www.chillingeffects.org]. 
                         "The site is intended to serve as a tool for Internet 
                          users to understand their legal rights in the face of 
                          potentially intimidating and confusing cease-and-desist 
                          letters," says spokesperson Donna Wentworth.  Along with providing information about online trademark 
                          and copyright issues, the site offers advice about a 
                          host of related legal topics that affect Internet users, 
                          including e-commerce patents, "John Doe" anonymity, 
                          defamation, piracy, fan fiction, and protest, parody 
                          and criticism sites.  The site also invites Internet users to submit any 
                          nastygrams they may have received. Students at the participating 
                          law school clinics review and annotate them with links 
                          to explain the applicable legal rules.  "The Internet makes it easier for individuals to speak 
                          to a wide audience, but it also makes it easier for 
                          other people and corporations to silence that speech," 
                          says Wendy Seltzer, who conceived the project. "Chilling 
                          Effects aims to level the field by helping online speakers 
                          to understand their rights in the face of legal threats. Reid Goldsborough 
                        is a syndicated columnist and author of the book Straight 
                        Talk About the Information Superhighway. He can be 
                        reached at reidgold@comcast.net 
                        or http://www.reidgoldsborough.com.
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