Managing Your Reputation Online: Part III – Controlling Your Name

August 3, 2007

A problem many companies run into with online reputation management are consumers that create their own websites to give bad reviews about their company, then begin to bid on their company name to show up in search engines under the sponsored results.

Some companies believe that there isn’t anything that can be done about this. After all, it’s a free country, right? Well, yes it is. However, freedom stops when it infringes on the freedoms of others. You have the freedom to protect how your name is used and prevent anybody from slandering you.

If somebody legitimately slanders you, then you have every right to ask that person to stop, and can even get a court order to enforce it or even file a lawsuit. Remember though that slander requires that false statements are being made. If a person is simply stating their opinion, then they are well within their rights.

However, if you trademark your company name it provides you with a little more protection and gives you a few more options. To start with, you can prevent anybody from bidding on your trademarked term in paid search engines such as Yahoo! and Google. If anybody tries, simply send them a cease and desist order. If it continues, then it’s time to call your lawyer.

The same holds true if anybody uses your name in a manner that isn’t covered under fair use laws. For example, comparative testing is an appropriate method of using a trademarked name. Truck commercials that compare horsepower, towing capacity, stopping distance, and so forth are considered comparative testing and therefore protected by fair use. Using a trademarked name for most other types of advertising would not be covered under fair use.

A trademark will not protect you from anybody starting a yourcompanynamesucks.com website. This has been challenged in court several times, and so far the law sides with the people who start the bad website. The best way to protect yourself from this kind of attack is to purchase the domain names yourself before an angry consumer is able to.
Be sure to purchase all variations (yourcompanysucks.com/net/org, yourcompany-sucks.com, etc.) Domain registrations are only a few dollars each these days, making it a worthwhile investment.

Watch for more tips on reputation management coming up next week!