1. PROTECTING YOUR BRAND ONLINE
WHAT THE TWEET?!
PROTECTING YOUR BRAND ONLINE
ANNIE ALLISON

2. It’s all online!
3.2 Billion social media users worldwide #1 Facebook #2 YouTube #3 WhatsApp #4 FB Messenger

3. What Happens in ONE Internet Minute:
Facebook: 973,000 logins
Snapchat: 2.4M snaps created
Google: 3.7M searches querried
Twitter: 481,000 tweets sent
Tinder: 1.1M swipes
YouTube: 4.3M videos watched
Instagram: 174,000 scrolling posts
Texts: 18,000,000 texts sent

4. “THE MOST IMPORTANT CURRENCY IS
ATTENTION.”
-Judith Donath
Harvard’s Berkman Center
for Internet & Society

5. Challenges for Brands: BRANDJACKING
When a person or group hijacks a brand to negatively affect the company’s reputation.

6. Challenges for Brands: BRANDJACKING

7. Challenges for Brands: BRANDJACKING
When a person or group hijacks a brand to negatively affect the company’s reputation.

8. Challenges for Brands: USERNAME SQUATTING
When someone other than the brand owner registers a brand trademark/name as their username.

9. verified

10. Challenges for Brands: INFLUENCERS, ENDORSEMENTS & MARKETING

11. Challenges for Brands: UNFATHOMABLE SOCIAL MEDIA MOVEMENTS

12. WHAT’S A BRAND TO DO???

13. WHAT’S A BRAND TO DO?
Search Social Media.
Include social media platforms in your trademark search, registration, and monitoring strategy.

14. Register. Report. WHAT’S A BRAND TO DO?
Register your brand’s trademarks on social media platforms.
Consider verified accounts so consumers know your account is authentic
Report.
Report infringement.
NOTE: Buying and selling usernames may violate the policies of certain platforms.

15. WHAT’S A BRAND TO DO?
Think Proactively.
Make social media vigilance part of your brand strategy.
Keep an eye our for new social media platforms.

16. Be Strategic With Enforcement.
WHAT’S A BRAND TO DO?
Be Strategic With Enforcement.
Is this fair use?

17. IS IT FAIR USE? Copyright:
Purpose of use (commercial v. non-commercial)?
Nature of copyrighted work (creative v. factual)?
Amount used?
Effect on market?
Trademark:
Product/service cannot be identified without TM.
Only used as reasonably necessary.
Not suggesting sponsorship/endorsement by owner.

18. IS IT FAIR USE? PARODY
Parody is fair use where the purpose is to comment on, or criticize a copyrighted work.
SATIRE ≠ PARODY

19. Be Strategic With Enforcement.
WHAT’S A BRAND TO DO?
Be Strategic With Enforcement.
Is this fair use?
Does infringer have history of litigation?
Who is infringer’s customer base?
Am I being a bully?
Can we avoid a PR nightmare?

20. Prepare NOW. Guidelines for brand-messaging & content sharing
WHAT’S A BRAND TO DO?
Prepare NOW.
Guidelines for brand-messaging & content sharing
Policies for Influencers
Create a crisis protocol
Measure response based on harm. Are there friendly alternatives?

21. WHAT HAPPENS ON SOCIAL MEDIA
DOESN’T STAY ON SOCIAL MEDIA . . .
Facebook, Inc. v. Super. Ct.
(S230051) May 24, 2018

22. BRING IN THE HEAT

23. Enforcing Your Brand: DMCA, UDRP/URS, & the Lanham Act
DMCA. The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for copyright holders to protect their online content.

29. Enforcing Your Brand: DMCA, UDRP/URS, & the Lanham Act
UDRP. The Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) is a process established by the Internet Corporation for Assigned Names and Numbers (“ICANN”) for the resolution of disputes regarding the registration of internet domain names.
URS. Uniform Rapid Suspension, low-cost resolutions for clear-cut infringement.

30. Enforcing Your Brand: DMCA, UDRP/URS, & the Lanham Act
USPTO Letter of Protest. An informal procedure that allows third parties to provide evidence to the USPTO that may negatively impact registrability of a mark (only applies to pending applications).

31. Enforcing Your Brand: DMCA, UDRP/URS, & the Lanham Act
Section 2(a), False Connection (15 USC §1052(a)).
Section 2(c), Living Individual (15 USC §1052(c)).
Section 43, Infringement/Unfair Competition (15 USC §1125(a)) (civil action).
Anti-Cybersquatting Consumer Protection Act (15 USC §1125(d)) (civil action).

32. WW_D?

33. PROTECTING YOUR BRAND ONLINE
WHAT THE TWEET?!
PROTECTING YOUR BRAND ONLINE
THANK YOU!
ANNIE ALLISON