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Solvang council hears outside counsel on trademarks, copyrights and directs staff to add website protections
Summary
Outside counsel advised Solvang on trademark and copyright options for the city's logos, slogan and website; council directed staff to add clear copyright/disclaimer language to city websites, pursue a lightweight audit of website ownership, and use cease-and-desist letters when appropriate rather than routine litigation.
The Solvang City Council on June 22 heard a detailed briefing from outside counsel on protecting municipal intellectual property and gave staff direction to strengthen online notices and to pursue limited follow-up work.
Matthew Smith, vice chair of the trademark and branding practice at Polsinelli, and colleague Don Samuels reviewed trademark and copyright basics and the practical trade-offs of registration, policing and enforcement. Smith said trademark rights arise from use in commerce and that a federal registration gives "constructive nationwide rights" and stronger enforcement tools, while copyright protection vests at creation and registration is required for federal litigation. He cautioned that certain terms that are geographically descriptive (for example the city's use of "Solvang" or the phrase "Danish Capital of America") may be more difficult to federally register on their own.
The presenters recommended a layered approach: ensure website and marketing materials use clear copyright notices and terms of use, consider selective copyright registrations for the city's website or material that the city owns outright, and evaluate trademark filings for distinctive logos or combined marks. Smith noted that a registration can take eight to 18 months and that clearing searches reduce risk.
Council members focused on practical enforcement and procurement safeguards. They asked that contracts with vendors and marketing consultants include transfer-of-rights and indemnification language so the city is protected when a contractor provides third-party content. Council also discussed the administrative cost of registering evolving website content and user-generated material; several members said they preferred adding strong website notices and internal contract controls rather than immediately registering large swaths of content.
By the meeting's end, staff said it would add or confirm copyright/disclaimer language on the city's public-facing websites, review contracts to ensure vendors warrant ownership or licenses for materials they provide, and return with a limited audit of website assets and a recommended next step for any registrations or licensing programs.
