10 Action Steps Sign Contractors Can Take To Protect Signs and Designs in the Cut-and-Paste World of Social Media

Have you ever driven down the street only to spot a sign you designed constructed and installed by a competitor? Or did a photo of your work get uploaded to Facebook, LinkedIn or another sign company’s website? CSA Legal Counsel recently presented two seminars on trademark and copyright protection for members in a world of social media, where a simple cut-and paste can result in infringement and loss of business. Here are helpful key Action Steps discussed at the sessions.

1. Register unique designs as trademarks
2. Utilize a design services contract when appropriate, separate from your bid.

Include indemnification language requiring the customer to indemnify you for your losses and expenses if you are compelled to enforce your rights

3. Police your designs

Use online searches to find your images

 Send “cease & desist” letters

4. Use copyright and trademark admonitions on all docs/website, drawings, elevations, plans, etc., including on documents submitted for permit applications (which are ultimately public records).

For example: All Rights Reserved. This design has been created in connection with a project being undertaken by XYZ Sign Co. It may not be shown to anyone outside your organization and may not be reproduced or constructed in any manner without the prior written consent of XYZ Sign Co.

5. Post copyright notices on finished product
6. Become familiar with the trademark policies of the various social media websites and utilize those services and protections
7. Watch for trolls and cyber squatters who might be scheming to use your mark or design
8. Use two-tier pricing (design v. design + build)
9. File suit for damages and injunctive relief
10. Utilize the USPTO small claims tribunal when appropriate

8 Action steps to avoid inadvertent trademark infringement or plagiarism (copyright violations) —

1. Use a plagiarism checker service
2. Check the US copyright and trademark index – www.copyright.gov
3. Educate your design team on what not to do
4. Include the ® and © symbols in all your original work
5. Give appropriate attribution/credit to sources
6. Ask permission; and obtain a written OK
7. Limit borrowing other’s creative work for inspiration purposes only
8. Follow “fair use” guidelines.

Fair Use is a concept recognized in law which allows the use of another’s copyrighted work product (artistic, literary, music, design, etc)., under these conditions: 

• the commercial value of the original work is not diminished
• the new work is predominantly the new user’s original work
• benefit to the new user is predominantly non-profit, non-commercial
• the new work is for educational, parody or satirical purposes
• only a small portion (excerpt) of the original work is utilized

Don’t forget – it’s not just your designs that are protected. Original content you create for your marketing materials, #hashtags, Twitter accounts, products, etc, are all protectable – as well as those unique sign structures.

For more information, contact CSA Legal Counsel, Jeff Aran, 916.395.6000 or jeff@calsign.org

Jeffrey Aran

Sign law expert serving the sign industry and its customers for over 25 years, providing legal and consulting services to sign users, installers and manufacturers. Based in Sacramento, Practice Areas include Zoning; Land Use; Real Estate; Constitutional Law; Employment; & Business. Admitted to the Bar in 1989. Law Offices of Jeffrey L. Aran 1-888-SIGNLAW.

www.signlawyer.com