Facebook has more than 350 million users, Twitter has 32.1 million and MySpace attracts more than 115 million to its site each month. The number of people using social media makes trademark infringement and trademark confusion as easy as creating a username and password.
In Dallas alone, where we’re headquartered, more than 700,000 area businesses have Facebook Pages, which are customizable mini-sites geared toward organizations, products, or public figures. By reaching their target demographics, these companies allow users, or “fans” of the Page, to post comments, view news and information, and basically have a voice about that company. With tools like these open to the public, how can companies protect their brands and trademarks in a world run by social media?
There are some proactive ways to beat counterfeiters and impostors. On the one hand, it may be beneficial for some employees or third-party contractors to periodically check social networking sites for unauthorized use of their brand, bad press, trademark infringement, and counterfeit product sales. Of course, the best defense is a good offense, so join the online community and create your own positive buzz. It’s a relatively inexpensive way to advertise and reach consumers, who can’t always be reached using traditional methods.
Also be sure to register your business or brand on major social networking sites. This can be a simple process and probably the easiest way to ensure your company’s reputation on social networking sites. When registering his name or brand, no one else can. The problem lies when someone else has already secured your name. If that happens, there are several steps you can take to make sure your social media presence is yours.
For one, be sure to take advantage of “terms of use policies” to protect your rights. Facebook, LinkedIn, and Twitter all have procedures to help rights owners manage infringement. It is important to make the most of these security measures to protect your brand. Many sites require an official company representative to monitor the page or username, but others, like Twitter, do not. Typical guidelines include rules against impersonating others that confuses, misleads, or misleads the general public, or is intended to do so.
Other options may include calling in your in-house counsel or litigation, but before taking any type of action, first consider the seriousness of the crime. Taking a tough stance against a fairly innocuous offender can backfire and generate negative press (or, in some cases, benefit the offending party). Sometimes it is more effective to send a letter explaining the situation and asking the guilty party to fix the problem.
Regulations and organizations exist to remedy the infraction when cards and subtleties don’t work. The Digital Millennium Copyright Act (DMCA) can be helpful in copyright infringement cases because many social networking websites have guidelines that reflect DMCA requirements. The Word of Mouth Marketing Association (WOMMA) is an official trade association representing the interests of the social media industry, with a code of ethics that requires members to adhere to certain guidelines, such as identity disclosure, genuine honesty in communication and adherence to media standards. -specific rules.
Social media and social media law have not only opened up new avenues for brand marketing and communications, but have also added entirely new ways to undermine those efforts. Making sure your brand and business are protected in cyberspace isn’t just important; it is an integral part of 21st century communications.