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SOCIAL MEDIA LAW
Protecting Brands and Trademarks in Social Media The millions of people engaging in social media daily present an unprecedented opportunity for trademark infringement and brand confusion. These risks are heightened by the tools for posting and generating user content in social media, which may lead to infringement, confusion, or even brand disparagement. We advise clients on protecting their brands and trademarks in social media and online.
Brand and Trademark Monitoring in Social Media Like in sports, the best defense is a good offense in protecting brands and trademarks in social media. That’s why we counsel clients in setting up and managing brand and trademark monitoring programs to uncover unauthorized third-party use of brands and trademarks. We also assist clients in online reputation management both in social media and the Internet to counteract disparaging and other negative commentary by third parties.
Username Squatting and Recovery Like cybersquatting, companies are vulnerable to third parties registering key brand names and trademarks as usernames on social media sites. In addition to denying the brand or trademark owner the username, this “username squatting” also provides for potential brand name and trademark confusion. We assist companies in recovering their brand names and trademarks from third parties. We also assist individuals and companies in stopping and preventing identity theft in social media.
Social Selling and Fans’ Use of Trademarks The peer-to-peer nature of social media presents unique opportunities for social selling and third-party fan development of marketing for brand and trademark owners. We advise clients on how to manage social selling and third-party use of brand names and trademarks.
Social Media Policies The Federal Trade Commission (FTC) and other entities have created regulations addressing employee statements online in social media. To avoid issues with these regulations and to address other potential concerns such as confidentiality and brand management, companies should implement social media policies. We advise clients on drafting and managing social media policies.
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