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Journal of Internet Banking and Commerce An open access Internet journal (http://www.arraydev.com/commerce/jibc/) Journal of Internet Banking and Commerce, April 2011, vol. 16, no.1 (http://www.arraydev.com/commerce/jibc/)

We look at two types of threats: 1) unauthorized disclosures, and 2) unauthorized use of your company's trade name. In each case the company will need to act promptly and carefully, and we discuss the proper course of action in each case. It is important to recognize that, although the actions that may have resulted in disclosure, unauthorized use, legal action, and/or other legal issues may not be foreseeable, most of these types of issues are foreseeable, and we discuss them, based on those things that were foreseeable to you at the time the disclosure, unauthorized use, legal action, or other legal issues occurred. It is important to be aware of this and to act promptly and responsibly. We then discuss the steps to be taken to protect yourself, and we will share examples of various practices that are common in Internet trade associations (such as Internet Chamber of Commerce International) and that are not common in other trade associations, such as the International Telecommunication Union. We offer some very clear recommendations for protecting confidential business information. You may want to share the following information with your company's members and executives. It may save your company much money in the short term, but as soon as the company goes public again, and you make all those statements publicly, you are a public target. When all else fails, have the attorney of record or associate of record (if you own the business) send a letter to the website owner of the website, outlining clearly the steps for returning the trademark. The letter should contain the following information (in a document similar in content to this one): Your legal name, and The domain name of the website. The company should be careful to send this letter in a format that a registrar or lawyer can recognize. In other words, the letter should be in the exact format that would be sent by a lawyer if the company were involved in a lawsuit, or if the company lost the trademark in a lawsuit. A domain name may be the most effective way to regain control of your company's trade name. In a court action to regain control of the trademark, the defendant would not win if it could simply have the website registered for it in any of the thousands of other domains available on the Internet.

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