Social media law is a relatively new branch of intellectual property (IP) law. While companies are often expected to maintain some sort of web presence, these web presences are typically maintained by marketing personnel and not legal experts. As such, companies are often unaware of the legal dangers and risks they may encounter as well as the potential consequences of their Internet actions. As such, we recommend consulting with social media consultants in order to limit liability and avoid claims of infringement, brand confusion, or brand disparagement.
Social Media Law Compliance
Under certain circumstances, tweets or updates to social media feeds can result in legal action. Freedom of speech only extends so far in protecting companies from claims of brand disparagement. Similarly, re-sharing content from other users can raise issues of infringement or plagiarism. In order to avoid these types of social media legal issues, companies would benefit from simple branding and social media guidelines. We can assist companies in educating employees and marketing divisions in what constitutes fair use of intellectual property assets and what type of use is prohibited.
Online Trademark Management
We also advise companies on how to properly maintain their online reputations via social media and when to pursue legal recourse. Whether a company should pursue litigation or a simple cease-and-desist may depend on its overall legal strategy. We work with clients on policing their brands while still encouraging public discourse on their social media feeds. Companies must often walk the fine line between free speech and savvy branding messages. As such, we can help strike the right balance between social media control and free speech.
Online Reputation Management
Today, use of brand names and images by third parties is rampant. We can help find cost-efficient strategies that curb unauthorized third-party use. We assist on streamlining and protecting the online message while complying with existing rules and regulations.
As an internet and eCommerce law firm, our internet and eCommerce attorneys can assist with advising on social media law issues. See our Internet & eCommerce service line page for additional information about social media law services.