1. 2014 © Intellectual Property Institute of Canada Let’s Be Friends Social Networking & Trade-marks SOCIAL MEDIA IN AN IP WORLD Eric Macramalla, Partner, Gowlings Catherine L. Douglas, IP Assets Manager @ Rogers Communications October 16, 2014

2. 2014 © Intellectual Property Institute of Canada Poor Little Thessa

3. 2014 © Intellectual Property Institute of Canada Internet Landscape 1.7 billion Internet users worldwide Over $250 billion spent online $43.2 billion spent in Q2 Top-performing online product categories: digital content and subscriptions, consumer electronics, flowers, greetings and gifts, computer hardware, and apparel and accessories

4. 2014 © Intellectual Property Institute of Canada Let’s Be Social Most popular social networking websites:

5. 2014 © Intellectual Property Institute of Canada Internet Users – A Closer Look Of the 1.7 billion users worldwide…  42% are from Asia  24% are from Europe  15% are from North America  10% are from Latin American/Caribbean  4% from Africa  3% from Middle East  1% from Australia

6. Top Social Media

7. Top Facebook 7

8. Top Twitter 8

9. 2014 © Intellectual Property Institute of Canada Brand Owners Advertise products/services Communicate news and special events Connect with customers Monitor customer satisfaction

10. 2014 © Intellectual Property Institute of Canada Facebook More than 1.3 billion active users Average user has 130 friends (none of which include me) People spend over 700 billion minutes per month on Facebook Average user is connected to 80 community pages, groups and events 150 million active users currently accessing Facebook through their mobile devices.

11. 2014 © Intellectual Property Institute of Canada Facebook 48% all Facebook users log on in any given day Total number of Facebook pages = 54,200,000 Number of languages available on Facebook = 70 75% of users outside U.S. Number of Fake Facebook profiles = 81,000,000 Facebook Revenue (2013) = $6,150,000,000 11

12. 2014 © Intellectual Property Institute of Canada Facebook 23% of users check their accounts more than 5 times a day 18% of 18-34 year olds check Facebook when get out of bed Average time spent on Facebook per visit = 18 minutes 350 million photos uploaded a day 12

13. 2014 © Intellectual Property Institute of Canada Facebook – How It’s Grown 200 million — April 2009. 250 million — July 2009. 300 million — September 2009. 350 million — End of 2009. 400 million — February 2010. 608 million — End of 2010. 750 million — July 2011. 800 million — September 2011. 845 million — End of 2011. 955 million — June 2012. 1.01 billion — September 2012. 1.3 billion – June 2014 13

14. 2014 © Intellectual Property Institute of Canada Twitter 500 million users – about 300 million are active 500 million tweets per day – up from 400 million in June 2012 40% of those on Twitter don’t tweet Time it took from 1 st tweet to billionth tweet: 3 years,. 2 months, 1 day 25 to 54 year old – driving force - older than you think

15. 2014 © Intellectual Property Institute of Canada Twitter - @More 28% of Retweets include “Please RT!” 60% of Twitter users access it from mobile About 20 million fake accounts 15

16. 2014 © Intellectual Property Institute of Canada LinkedIn 300 million users Number of new members every second = 2 100 million users in the US In 200 countries/territories Average time spent on LinkedIn = 17 minutes Only social networking site that 50-64 year olds use more than 18-29 year olds (24% v. 15%) 16

17. 2014 © Intellectual Property Institute of Canada More On LinkedIn Most used adjective on LinkedIn = Responsible 30 million recent grads or students on LinkedIn Turkey, Colombia and Indonesia = fastest growing countries 3 million companies have LinkedIn Company Pages 43% of visits from mobile device 17

18. 2014 © Intellectual Property Institute of Canada ISSUES FACED BY BRAND OWNERS Social Media & Domain Names

19. 2014 © Intellectual Property Institute of Canada Social Media: Issues Brand Owners Face Impersonation Trade-mark infringement Username Squatting Copyright Infringement

20. 2014 © Intellectual Property Institute of Canada How To Protect & Enforce

21. 2014 © Intellectual Property Institute of Canada Enforcement Sites have own enforcement policies that deal with TM, CR, etc. Usernames big target  facebook.com/Toshiba  Twitter: @Starbucks

22. 2014 © Intellectual Property Institute of Canada Twitter: Impersonation “…pretending to be another person or entity in order to deceive” May result in suspension of username Twitter users are allowed to create parody, commentary, or fan accounts. distinguish the account with a qualifier such as "not," "fake," or "fan." Bio should indicate parody Tweets can’t mislead or deceive

23. 2014 © Intellectual Property Institute of Canada

24. Twitter: Trade-mark Violation Using mark to confuse or mislead  Clear cases of infringement = suspension  Lack of intent to deceive = give chance to fix  Brand owner may request transfer of username

25. 2014 © Intellectual Property Institute of Canada Twitter: Username Squatting Accounts that are inactive for more than 6 months may be removed without further notice Brand owner can allege squatting Twitter may assign to brand owner

26. 2014 © Intellectual Property Institute of Canada Copyright 26

27. 2014 © Intellectual Property Institute of Canada Over to Catherine…

28. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective SM has now achieved the dubious distinction of being the #1 activity on the web – even surpassing pornography !

29. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Blistering speed at which SM is being adopted - by corporations and individuals - is leaving all of us in the legal profession wondering how we can proactively keep our clients protected!

30. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Companies are paying close attention to the stats.... And becoming active participants as consumers adopt very different ways of both communicating and buying. News now finds us. So do products and services.

31. 2014 © Intellectual Property Institute of Canada For the first time, there are 4 generations working at the same time – all of whom learned to communicate in very different ways

32. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Over 60% of HR professionals use social media to source or check out potential candidates Over 14.4M people used social media to look for a new job

33. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective 78% of consumers trust peer recommendations over advertisements 25% of search results when checking for the world’s top 20 brands are links to User Generated Content (UGC)

34. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Companies cannot afford to NOT be involved They are learning to listen first, then communicate, before selling

35. 2014 © Intellectual Property Institute of Canada

36. Let’s Be Friends... an In-House Perspective 97% of marketers now integrate social media in plans to: Improve social connectivity = SEO rankings Company branding Improve brand awareness Word-of-mouth advertising Increase customer loyalty and trust Improve audience reach and influence

37. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective 100% of “domainers” now build social media connectivity alongside domain hijacking for: Counterfeit activities re-direct traffic, especially at launch Impersonation Traffic diversion (PPC, typosquatting) Brand/product abuse and integrity Dilution / misuse of marks / impersonation Phishing

38. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective

39. 2014 © Intellectual Property Institute of Canada Trade Secrets...

40. 2014 © Intellectual Property Institute of Canada Copyright ->

41. 2014 © Intellectual Property Institute of Canada Trademarks ->

42. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Remedies Hosts’ Terms DMCA / Cease & Desist Letters Successful UDRP ? fair dealing? License deals Court (last resort)

43. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Prevention Read / understand Terms Limit contributions from 3 rd parties Executed assignments / waivers Approve limited number of sites Don’t ‘ban’ use of SM => train Train employees re: copyright

44. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Prevention Develop a company policy, Train employees,... and enforce it

45. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Ideally, the Policy will be Formulated with input from a variety of stakeholders across the company Reference existing company policies Realistic - don’t try to ban all use of social media by employees Easy / quick to read

46. 2014 © Intellectual Property Institute of Canada Let’s Be Friends... an In-House Perspective Ideally, the Policy will include: Recognition that social networking is an important form of communicating Reminders to: use sound judgment, remain professional, comply with company policies, respect other’s privacy, and respect IP assets

47. 2014 © Intellectual Property Institute of Canada Use sound judgment | Respect privacy Identify your connection with the company Don’t act like a spokesperson Keep information confidential | Don’t discuss competitors Leave legal matters to the legal folks Be respectful | Avoid arguments Let experts help the customers When in doubt, leave it out | Call with questions These social media policy guidelines complement the company’s existing employee policies. Please ensure your online behaviour complies with the company’s relevant policies, including those for communications and business conduct. Failure to comply with these social media guidelines could result in disciplinary action up to and including dismissal.

48. 2014 © Intellectual Property Institute of Canada Some examples... Job search in South America Magazines available in Russia Investment opportunity in the UK Negative Tweets New launch “leaks” Unauthorized distribution of TV broadcasts Misleading &/or ID Theft Twitter posts Changing the company logo Blogs maligning recruiters Copying another’s photos & news

49. 2014 © Intellectual Property Institute of Canada

52. Let’s Be Friends: Social Media in the IP World QUESTIONS ??