The use of social media for marketing and advertising purposes is one of the fastest growing uses of the Internet. The advent of social media sites like Facebook, Twitter, YouTube and LinkedIn provides the opportunity for authentic interaction and engagement with customers. That’s why it comes as little surprise that these services are being used as marketing tools. But with every technological development and opportunity, new legal and business risks present themselves. Understanding and minimizing these risks will help you maximize the opportunities for your business.
At Socialize 2011, taking place March 31 – April 1, 2011 at The New Yorker Hotel in New York City, David M. Adler, Esq. will provide a presentation focused ontaking a “best practices” approach to social media marketing. Attendees will learn how to identify the legal issues and develop policies and procedures to keep informed about the current technology, marketing strategies and regulatory compliance. The presentation intends to cover the following issues:
Issue: Intellectual Property
Trademarks & Brands
Copyright & Content
Issue: Privacy & Publicity
Right of Publicity
Endorsements
Issue: User generated content
positive and negative comments
Copyright Infringement
Unmasking “anonymous” posts
Issue: Regulatory Compliance
FTC – Dot Com Disclosures: Information about Online Advertising
How I do to stop others from using my Trademarks on eBay?
eBay is one of the world’s leading online marketplaces. It’s a place where “anyone can trade practically anything.” As a result, eBay has enjoyed widespread use from both legitimate and illegitimate merchants. eBay does not authenticate merchandise before sale. Unfortunately, unscrupulous sellers use eBay to auction off inferior branded-products, whether passing them off as genuine or claiming that they are fake, faux, replicas or look-alikes. Manufacture and sale of these goods can constitute counterfeiting, a crime and a civil action punishable under federal and state laws with steep penalties.
eBay has created a program to help rights owners report auction listings that infringe their rights. This program is called the Verified Rights Owner (VeRO) Program, and includes “companies and individuals representing every type of intellectual property – from major software companies to video game developers to rock bands to luxury good manufacturers.” Any intellectual property (such as a copyright, trademark or patent) rights holder whose rights may be infringed by listings or items sold on eBay may participate in the Program.
If you have a good faith belief that a listing on eBay infringes your copyright, trademark, or other intellectual property rights, download eBay’s Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to eBay.
Create an About Me page. You can create a free “About Me” page on eBay to communicate directly with eBay users about your company, your products and the intellectual property rights you own. eBay will include it in its list of VeRO Participant About Me pages.
Here are some suggested statement that should be on your eBay VeRO page:
BUYER BEWARE: Most of the purported YOUR BRAND NAME HERE products and packaging available on eBay is counterfeit.
Genuine, new BRAND merchandise is available only through BRAND stores and boutiques, BRAND catalogs and via the web at http://www.——.com. BRAND carefully controls distribution of its high-quality merchandise.
Unfortunately, unscrupulous sellers are auctioning on eBay inferior products marked with the BRAND trademarks, whether passing them off as genuine or claiming that they are fake, faux, replicas or look-alikes. Manufacture and sale of these goods in any such case constitutes counterfeiting, a crime and a civil action punishable under federal and state laws with steep penalties.
BRAND marketing materials are graphically distinct, appealing and copyrighted.
Unauthorized use of BRAND photography and graphics constitutes copyright infringement.
BRAND has established a worldwide reputation for its products. It has invested significant time, effort and money over more than ##### years to promote its trademarks and trade name BRAND and its distinctive packaging. As a result of these efforts, the BRAND trademarks and copyrights have enjoyed widespread fame and recognition throughout the world.
The Company works diligently to protect its reputation for providing the highest quality products and to protect its customers from duplicitous sellers who offer fake merchandise that is inferior to genuine BRAND merchandise. BRAND files lawsuits and works closely with law enforcement, the F.B.I., customs and investigative agencies to protect its intellectual property rights.
Q: Why was my auction suspended/cancelled? A: BRAND has a good faith belief that the merchandise that you posted for auction or sale is counterfeit or otherwise infringes BRAND trademarks or copyrights.
Q: Why did eBay allow me to post my auction? A: eBay does not authenticate merchandise before sale.
Q: How can I tell if the item I offered or purchased is real? A: The only way you can be certain that you are purchasing a genuine BRAND product is to purchase it from a BRAND retail store, via our website (www.—–.com) or though a BRAND catalogue. BRAND stores do not authenticate merchandise. A good jeweler or appraiser may be able to do this for you.
Q: Why can’t I use BRAND graphics to sell my merchandise? A: BRAND marketing materials are protected under copyright law. Unauthorized use or reproduction is strictly prohibited.
About The Author
Safeguarding Ideas, Relationships & Talent®
Executives face an often confusing and changing set of challenges trying to ensure that their business remains legally compliant. Yet few can afford the highly-qualified and versatile legal staff needed to deal with today’s complex and inconstant legal and regulatory environment. Adler & Franczyk is a boutique law firm created with a specific mission in mind: to provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in a way that drives innovation and increases the overall value of the business.
We approach our relationship with each client as a true partnership and we view our firm as an extension of their capabilities. Our primary value is our specialization on relevant and complex issues that maintain the leading edge for our clients. We invite you to learn more about the services we offer and how we differ.
Yahoo! Inc. and RealNetworks, Inc. (collectively, the “Internet Companies”) sought separate blanket licenses to publicly perform the entirety of the American Society of Composers, Authors and Publishers (“ASCAP”) repertory for certain of their websites and services. A blanket license is a license that gives the licensee the right to perform all of the works in 5 the repertory for a single stated fee that does not vary depending on how much music from the repertory the licensee actually uses.
In this case, the Internet Companies offer their customers the ability to download musical works over the Internet. It is undisputed that these downloads create copies of the musical works, for which the parties agree the copyright owners must be compensated. However, the parties dispute whether these downloads are also public performances of the musical works. ASCAP contended that the downloads are public performances for which the copyright owners must separately and additionally be compensated. The district court held that these downloads are not public performances, the Second Circuit Court of Appeals agreed.
The Court held that the downloads were not musical performances that were simultaneously perceived by the listener. Rather, they were only transfers of electronic files containing digital copies from an online server to a local hard drive. Because the downloads at issue involved no recitation, rendering, or playing of the musical work encoded in the digital transmission, such a download was not a performance of that work.
About The Author
Safeguarding Ideas, Relationships & Talent®
Filmmakers face an often confusing and changing set of challenges trying to ensure that their business remains legally compliant. Yet few can afford the highly-qualified and versatile legal staff needed to deal with today’s complex and inconstant legal and regulatory environment. Adler & Franczyk is a boutique law firm created with a specific mission in mind: to provide businesses with a competitive advantage by enabling them to leverage theirintangible assets and creative content in a way that drives innovation and increases the overall value of the business.
We approach our relationship with each client as a true partnership and we view our firm as an extension of their capabilities. Our primary value is our specialization on relevant and complex issues that maintain the leading edge for our clients. We invite you to learn more about the services we offer and how we differ.
Creative Content. RIAA’s victory against LimeWire marks a major victory for content creators. Holding software companies responsible for copyright infringement occasioned by individual users is a huge incentive to the creative community’s use of the Internet as a platform for commerce.
Personal Development.Find a Mentor. (One who can answer your questions.) Follow these steps: 1) Find Mentor, 2) Create a Shared Need (Do a market study); 3) Build a Vision statement; 4) Clearly define the goal; 5) Discuss your plan; 6) Write down the Dependencies, e.g. Open Issues, Risks, etc…; 7) Identify Stakeholders, e.g. Partners, Employees, Vendors, Service Providers, Government, Public/Private institutions; 8) Mobilize commitment; 9) Draft an execution plan; 10) EXECUTE; 11) In the immortal words of my father, Irv Adler: follow up, follow up, FOLLOW UP! (Monitor and Control your execution) 12) If its not working, go back to Step 5. [Excerpted from Execution, by Ram Charan]
Entertainment. Monetizing Original Web ContentMicro-transactions (iTunes or YouTube) are real revenue drivers for episodic web programming. Combine that with advertising and sponsorship and you have a winning model. Content has to be extraordinarily compelling. You can help a video go viral by making sure the right people see it and share it with their sphere of influence.
Start-ups.You Don’t need a PR agency. You DO need know how to turn a good idea into a great message that can be easily told, and easily spread.
Executives face an often confusing and dynamic set of challenges trying to ensure that their business remains legally compliant. Yet few can afford the highly-qualified and versatile legal staff needed to deal with today’s complex and inconstant legal and regulatory environment.
Adler & Franczyk is a boutique law firm created with a specific mission in mind: to provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in a way that drives innovation and increases the overall value of the business.
We approach our relationship with each client as a true partnership and we view our firm as an extension of their capabilities. Our primary value is our specialization on relevant and complex issues that maintain the leading edge for our clients. We invite you to learn more about the services we offer and how we differ.
Ping® by AdlerLaw A Legal Blog 