Protecting Your Brands on the Internet
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June 7, 2016 LET’S BE FRIENDS PROTECTING YOUR BRANDS ON THE INTERNET SOCIAL NETWORKING & TRADEMARKS BY ERIC MACRAMALLA PARTNER, GOWLING WLG September 22, 2016
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Transcript of Protecting Your Brands on the Internet
June 7, 2016
LET’S BE FRIENDSPROTECTING YOUR BRANDS ON THE INTERNETSOCIAL NETWORKING & TRADEMARKS
BY ERIC MACRAMALLA PARTNER, GOWLING WLG
September 22, 2016
POOR LITTLE THESSA
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TOP SOCIAL MEDIA
TOP FACEBOOK
TOP TWITTER
Of top 100 global companies…
• 65% have Twitter account
• 54% have Facebook account
• 50% have YouTube Channel
• 33% have Corporate blog
BRAND OWNERS ARE VERY SOCIAL
• Advertise products/services
• Communicate news and special events
• Connect with customers
• Monitor customer satisfaction
BRAND OWNERS
• More than 1.3 billion active users
• Average user has 130 friends (none of which include me)
• People spend over 700 billion minutes per month on Facebook
• Average user is connected to 80 community pages, groups and events
• 150 million active users currently accessing Facebook through their mobile devices.
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• 48% all Facebook users log on in any given day
• Total number of Facebook pages = 54,200,000
• Number of languages available on Facebook = 70
• 75% of users outside U.S.
• Number of Fake Facebook profiles = 81,000,000
• Facebook Revenue (2013) = $6,150,000,000
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• 23% of users check their accounts more than 5 times a day
• 18% of 18-34 year olds check Facebook when get out of bed
• Average time spent on Facebook per visit = 18 minutes
• 350 million photos uploaded a day
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• 200 million — April 2009.• 250 million — July 2009.• 300 million — September 2009.• 350 million — End of 2009.• 400 million — February 2010.• 500 million — July 2010.• 608 million — End of 2010.• 750 million — July 2011.• 800 million — September 2011.• 845 million — End of 2011.• 901 million — March 2012.• 955 million — June 2012.• 1.01 billion — September 2012.• 1.44 billion – April 2015
FACEBOOK – HOW IT’S GROWN
• 500 million users – about 300 million are active
• 500 million tweets per day – up from 400 million in June 2012
• 40% of those on Twitter don’t tweet
• Time it took from 1st tweet to billionth tweet: 3 years,. 2 months, 1 day
• 25 to 54 year old – driving force
(older than you think)
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• 28% of Retweets include “Please RT!”
• 60% of Twitter users access it from mobile
• About 20 million fake accounts
TWITTER - @MORE
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• 300 million users
• Number of new members every second = 2
• 100 million users in the US
• In 200 countries/territories
• Average time spent on LinkedIn = 17 minutes
• Only social networking site that 50-64 year olds use more than 18-29 year olds (24% v. 15%)
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• Most used adjective on LinkedIn = Responsible
• 30 million recent grads or students on LinkedIn
• Turkey, Colombia and Indonesia = fastest growing countries
• 3 million companies have LinkedIn Company Pages
• 43% of visits from mobile device
MORE ON LINKEDIN
• 1.7 billion Internet users worldwide
• Over $250 billion spent online
• $43.2 billion spent in Q2
• Top-performing online product categories: digital content and subscriptions, consumer electronics, flowers, greetings and gifts, computer hardware, and apparel and accessories
INTERNET LANDSCAPE
• Of the 1.7 billion users worldwide… 42% are from Asia
24% are from Europe
15% are from North America
10% are from Latin American/Caribbean
4% from Africa
3% from Middle East
1% from Australia
INTERNET USERS – A CLOSER LOOK
ISSUES FACED BY BRAND OWNERS
Social Media
&
Domain Names
• Impersonation
• Trade-mark infringement
• Username Squatting
• Copyright Infringement
SOCIAL MEDIA: ISSUES BRAND OWNERS FACE
How To Protect & Enforce
• Sites have own enforcement policies that deal with TM, CR, etc.
• Usernames big target
facebook.com/lexpert
Twitter: @Starbucks
ENFORCEMENT
• “…pretending to be another person or entity in order to deceive”
• May result in suspension of username
• Twitter users are allowed to create parody, commentary, or fan accounts. • distinguish the account with a qualifier such as "not," "fake," or
"fan." • Bio should indicate parody• Tweets can’t mislead or deceive
TWITTER: IMPERSONATION
• Click to edit Master text styles1. Second level
• Third level– Fourth level
CLICK TO EDIT MASTER TITLE STYLE
• Using mark to confuse or mislead
Clear cases of infringement = suspension
Lack of intent to deceive = give chance to fix
Brand owner may request transfer of username
TWITTER: TRADEMARK VIOLATION
• Accounts that are inactive for more than 6 months may be removed without further notice
• Brand owner can allege squatting
• Twitter may assign to brand owner
TWITTER: USERNAME SQUATTING
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COPYRIGHT
1) Be Proactive: secure usernames on various social networking websites
2) Review sites for unauthorized trade-mark use and copyrighted content
3) Enforcement: review existing usernames Which are a problem; which do we address
SOCIAL PROTECTION
