Protecting Brands Staff Attorney on Social Media ... Why Should Brands Care @ Social Media? # Active

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  • Protecting Brands

    on Social Media

    June 19, 2019

    Lisa Greenwald-Swire

    Principal

    Michelle Parsons

    Staff Attorney

  • Overview

    fr.com | 2

  • Why Should

    Brands Care @

    Social Media?

  • Why Should Brands Care @ Social Media?

    # Internet Users

    4,383,810,342 *

    *Internet users worldwide as of March 2019 per internetworldstats.com

    **World population as of June 2019 per worldpopulationreview.com

    7,577,130,400**

    fr.com | 4

    https://internetworldstats.com/stats.htm http://worldpopulationreview.com/

  • Why Should Brands Care @ Social Media?

    # Internet Users

    1

    1: China

    2: India

    3: U.S.

    4: Brazil

    5: Indonesia

    6: Japan

    7: Nigeria

    8: Russia

    829 million

    560 million

    292 million

    149 million

    143 mliiion

    118 million

    111 million

    109 million

    # Internet Users

    *Rank as of March 2019 per internetworldstats.com

    2

    3

    fr.com | 5

    https://www.internetworldstats.com/top20.htm

  • Why Should Brands Care @ Social Media?

    # Active Users

    2,380,000,000 *

    *Monthly active users on Facebook in March 2019 per statista.com;

    $2.7 billion MAUs on Facebook core products (includes Facebook + Instagram, WhatsApp, Messenger)

    fr.com | 6

    https://www.statista.com/statistics/947869/facebook-product-mau/

  • Why Should Brands Care @ Social Media?

    # Minutes Spent

    74 *

    *Average #s minutes users spend on social media per day per Infodocket;

    % Facebook users that access Facebook daily per Pew Research Center

    fr.com | 7

    https://www.emarketer.com/content/average-social-media-time-spent https://www.pewinternet.org/fact-sheet/social-media/

  • Why Should Brands Care @ Social Media?

    % U.S. on Social Media

    72% *

    *% U.S. public that uses social media as of February 2019 per Pew Research Center

    fr.com | 8

    https://www.pewinternet.org/fact-sheet/social-media/

  • Why Should Brands Care @ Social Media?

    • No industry is immune from social media

    • Most brick-and-mortar shops have websites

    • Even small businesses have social media pages

    • News becomes viral instantaneously

    • Customer service is reachable by chat/post

    Finance Health Care

    Insurance Manufacturing

    fr.com | 9

  • Why Should Brands Care @ Social Media?

    Brands in All Industries Are Going Social…

    fr.com | 10

  • Why Should Brands Care @ Social Media?

    Even World Leaders are Going Social…

    fr.com | 11

  • Why Should Brands Care @ Social Media?

    Network and Cable TV is Changing… Even Sports Are Going Social

    11 5 M 13 # NFL games

    Amazon streamed in

    2018

    # soccer fans

    believed to have

    illegally streamed the

    World Cup

    # MLB games

    YouTube will stream

    in 2019

    Why Should Brands Care @ Social Media?

    Network and Cable TV is Changing… Even Sports Are Going Social

    fr.com | 12

  • Why Should Brands Care @ Social Media?

    Users = Visibility

    Curated

    Content

    • Marketing

    • PR

    • Legal

    • HR

    • Executives

    • Customer Service

    fr.com | 13

  • Why Should Brands Care @ Social Media?

    Users = Visibility

    Curated

    Content

    Fake

    (or

    infringing)

    Content

    • Marketing

    • PR

    • Legal

    • HR

    • Executives

    • Customer Service

    • Sales/Contests

    • Phishing

    • Fan

    • Collect Likes

    • Competitor

    • Innocent

    fr.com | 14

  • Why Should Brands Care @ Social Media?

    Users = Visibility

    Curated

    Content

    Fake

    (or

    infringing)

    Content

    Curated

    & Fake =

    Confusion

    • Marketing

    • PR

    • Legal

    • HR

    • Executives

    • Customer Service

    • Sales/Contests

    • Phishing

    • Fan

    • Collect Likes

    • Competitor

    • Innocent

    Practice Pointer:

    Platforms often refuse

    claiming “fan” site;

    Reply that logos infringe.

    fr.com | 15

  • Protect Brands

    on Social Media:

    4 Steps

  • Protect Brands on Social Media: 4 Steps

    1. Acquire Handles

    2. Monitor Platforms

    3. Enforce

    4. Don’t Infringe

    Practice Pointer:

    Preemptive and

    systematic approach is

    most cost-efficient.

    fr.com | 17

  • Protect Brands on Social Media: Acquire Handles

    Offensively

    • Grab handles anonymously before launch (after clearance)

    • Be aware of popular worldwide platforms

    • Know the rules of ownership

    fr.com | 18

  • Protect Brands on Social Media: Acquire Handles

    Consistently

    Facebook

    5-50 characters

    A-Z, 0-9, “ . ”

    Twitter

    15 characters

    A-Z, 0-9, “_”

    Instagram

    30 characters

    A-Z, 0-9, “ . ”, “_”

    Practice Pointer:

    If you own it, no one else

    can!

    YouTube

  • Protect Brands on Social Media: Acquire Handles

    Globally

    Facebook

    YouTube

    WhatsApp

    FB Msg

    WeChat

    Instagram

    QQ

    QZone

    Tik Tok

    Weibo

    Reddit

    Twitter

    2.3 billion

    1.9 billion

    1.6 billion

    1.3 billion

    1.1 billion

    1.0 billion

    807 million

    532 million

    500 million

    462 million

    330 million

    330 million

    # Active Users*

    *April 2019 data per statista.com fr.com | 20

    https://www.statista.com/statistics/272014/global-social-networks-ranked-by-number-of-users/

  • Protect Brands on Social Media: Acquire Handles

    Effectively

    Facebook

    Each brand page

    must be

    associated with an

    individual/Admin;

    however 1 Admin

    can be associated

    with many pages

    Twitter

    Each handle

    requires a unique

    email or phone

    number

    For anonymous acquisitions, add

    “+” + a number before “@” to

    create a unique Gmail address

    without needing new email

    account

    Example:

    TwitterHolding@gmail.com

    TwitterHolding+1@gmail.com

    TwitterHolding+99@gmail.com

    Instagram

    You can only

    deactivate for 30

    days at a time, or

    your account and

    all content may de

    deleted

    Practice Pointer:

    Know the rules of each

    platform. Do you have to login

    regularly? Do you need to

    acquire likes?

    1

    2

    3

    fr.com | 21

    mailto:TwitterHolding@gmail.com mailto:TwitterHolding+1@gmail.com mailto:TwitterHolding+99@gmail.com

  • Monitor Platforms: Social Media Audits

    • Monthly, Quarterly, Bi-Annually? • What does the budget allow?

    • How much infringement is there?

    • Do findings affect diligence?

    • Hire Vendor*, Run In-house, or Use Outside Counsel? • Internal teams may be more familiar with goods/competitors.

    • External teams can reduce PR concerns.

    • Enforce or Monitor? Policy? • Once you know the landscape, you can make educated/strategic decisions.

    • Create policy to streamline and create efficiencies.

    • X

    *There are a host of vendors that perform various watching services. While we do not endorse any particular vendor, a

    sampling of vendors is included in the Appendices. fr.com | 22

  • Monitor Platforms: What Are You Finding?

    Phishing

    Get Likes

    Fan

    Innocent

    Selling

    Competing

    Counterfeit

    Contests

    *These are not examples from representative clients, but

    examples merely pulled from social media platforms.

    fr.com | 23

    https://www.facebook.com/pg/Fans.Nike.Page/

  • Enforce

    Before You Begin

    STOP

    Think Big Picture!

    • What is your enforcement strategy?

    • What are your PR concerns?

    • What is your budget?

    fr.com | 24

  • What Is Your

    Enforcement

    Strategy?

  • What Is Your Enforcement Strategy?

    Bully or Sloth?

    fr.com | 26

  • What Is Your Enforcement Strategy?

    Eng’d Mech. Serv. v. Applied Mech. Tech., 584 F. Supp. 1149 (M.D. La. 1984).

    The owner of a mark is not required to constantly

    monitor every nook and cranny of the entire nation and to

    fire both barrels of his shotgun instantly upon spotting a

    possible infringer.

    Lawyers and lawsuits come high and a financial decision

    must be made in every case as to whether the gain of