The following checklist includes some of the factors a company should consider before launching itself into cyberspace. Domain and E-Mail Names as Trademarks. Conduct traditional trademark searches on names used, just like any other trademarks. The same thing applies to logos and the names given to promotions. Vicarious Liability for Bulletin Boards.
Bulletin boards pose particular risks and are decidedly uncharted waters.
For example, CompuServe sponsored a journalism bulletin board. Defamatory statements were posted by a number of uploaders. In an opposite result, Prodigy Services, Inc., was sued for allegedly slanderous information posted on its bulletin board. If your company operates a bulletin board as part of your promotional programs, you are clearly in the shoes of Prodigy, not CompuServe, and can be held liable for theactions of those who use its bulletin boards. In addition, at least one court has held that vicarious liability exists for acts of copyright and trademark infringement by system users.