Trademark Fundamentals: Managing Your IP in a World of Social Media
Date: Thursday, September 12, 2013
Format: Live Webinar
Duration: 90 minutes
1:00 PM-2:30 PM Eastern
12:00 PM-1:30 PM Central
11:00 AM-12:30 PM Mountain
10:00 AM-11:30 AM Pacific
Join top IP attorneys as they discuss trademarks and social media. Panelists will break down managing your IP and trademarks into three main sections:
(a) Who’s talking about you?
Panelists will provide a brief review of the types of trademark misuse that can occur on social media sites and then focus on techniques and practices that can support development of consistent monitoring and enforcement procedures that can help companies find damaging content. Specifically, the discussion will highlight the tools and techniques available to extend a trademark monitoring program to include social media platforms. This section also will review key features of products offered by major vendors who provide social media monitoring capabilities.
(b) Using social media sites to your advantage
Panelists will focus on the opportunities for protection of brands as well as the policies of social media sites that can assist in policing of unauthorized uses and removal of infringing content without demand letters or litigation. In particular, brand owners can undertake defensive registration of their brands as user names on social media sites and can create their own accounts to control messaging and better track what others are saying. In addition, by familiarizing themselves with the policies and practices of the major social media platforms, brand owners can take advantage of social media sites' complaint procedures to support their enforcement strategy and use litigation only as a last resort.
(c) Taking action against defendants in social media
Panelists will focus on the difficulties, relative to more traditional contexts, associated with policing infringing trademark use in social media, including the difficulty of identifying the defendant, the potential for adverse publicity and the limitations of liability for trademark infringement by the social media sites themselves. The discussion will draw lessons from cases involving use of "Doe" defendants to obtain discovery from social media networks, examples of best practices that can help avoid adverse publicity, and case law bases for limited trademark liability of social network providers. In addition, this section will review the results in key cases involving misuse of plaintiffs' trademarks in social media contexts.
Britt L. Anderson, Partner, K&L Gates LLP, Palo Alto, CA
Fawn Horvath, Senior Counsel, Macy’s, Inc., New York, NY
John McKeown, Counsel, Goldman Sloan Nash & Haber LLP, Toronto, Ontario, Canada
Chrissie Scelsi (Moderator), Attorney, Scelsi Entertainment & New Media Law, PL, Port Charlotte, FL
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