1. Social Media Summit Michael Brignati, Ph.D., J.D.
Associate General Counsel
10 October 2016

2. What is a Trademark ?
Word, phrase, symbol and/or design that identifies and distinguishes the source of the goods or services of one party from those of another.
® vs. TM TM

3. What is Trademark Infringement?
Unauthorized use of a trademark on or in connection with goods or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods or services
Defense of Nominative Fair Use
Three Part Test
Not readily identifiable without use of the mark
Only so much of the mark is used as reasonably necessary to identify
Cannot suggest sponsorship or endorsement

4. Trademarks and Social Media
Social ME-dia – increase strength, reputation, and goodwill of University marks
“It is quicker to destroy than build”
Blurring
Occurs in social media when a user uses a famous mark in connection with other goods/services
Improper suggestions of affiliation or sponsorship
Tarnishment
Occurs in social media when a user associates a famous mark with substandard goods/services
Improper Comparative Advertising
Imposters

5. Trademarks Issues in Social Media

6. #TrademarkInfringement
“Ambush Marketing” marketing activities by advertisers who are unaffiliated with an event or property who are trying to associate themselves with the event of property
By Association
Direct or Indirect
By Intrusion
Gaining exposure through the event or property

7. © Samsung via YouTube

8. Suggestions for Trademark Protection in Social Media
Register brands as user names on social media sites
Key names and marks
Create your own pages on various social media sites
Create fans, control messaging, and create a positive image
Be altruistic
Enforce your marks
Continuously calibrate your enforcement strategy