Trademarks And Social Media

Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.

Wherry guides the reader through the process of verifying that a trademark is registered, giving a history of the trademark, important trademark court cases, and answering some common questions about trademarks. Also includes useful listings of U.S. and international trademark classifications, and is a fitting tool for entrepreneurs, librarians, and law students alike.

How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University

Attract, engage, and delight customers online Inbound Marketing, Revised and Updated: Attract, Engage, and Delight Customers Online is a comprehensive guide to increasing online visibility and engagement. Written by top marketing and startup bloggers, the book contains the latest information about customer behavior and preferred digital experiences. From the latest insights on lead nurturing and visual marketing to advice on producing remarkable content by building tools, readers will gain the information they need to transform their marketing online. With outbound marketing methods becoming less effective, the time to embrace inbound marketing is now. Cold calling, e-mail blasts, and direct mail are turning consumers off to an ever-greater extent, so consumers are increasingly doing research online to choose companies and products that meet their needs. Inbound Marketing recognizes these behavioral changes as opportunities, and explains how marketers can make the most of this shift online. This not only addresses turning strangers into website visitors, but explains how best to convert those visitors to leads, and to nurture those leads to the point of becoming delighted customers. Gain the insight that can increase marketing value with topics like: Inbound marketing – strategy, reputation, and tracking progress Visibility – getting found, and why content matters Converting customers – turning prospects into leads and leads into customers Better decisions – picking people, agencies, and campaigns The book also contains essential tools and resources that help build an effective marketing strategy, and tips for organizations of all sizes looking to build a reputation. When consumer behaviors change, marketing must change with them. The fully revised and updated edition of Inbound Marketing is a complete guide to attracting, engaging, and delighting customers online.

New ways to use brands in social media are pressuring traditional conceptions of trademark law. Contrary to much trademark doctrine, every brand is built by a community, not by its proprietor alone. I previously described this phenomenon as consumer investment in trademarks. Internet technology amplified the effects of the consumer investment model, enabling consumers to gain more power over the marks of others. This Article shows that social media have turned the volume of consumer voices up another notch and explores the consequences for trademark law. Sites like Facebook offer consumers a platform for the expression of personal identity through trademark preferences. Social media also give consumers unprecedented power to affect brand value by publishing positive and negative commentary. If corporate brand owners want to take advantage of social media, they must let go of much of their control by opening their brands to constant consumer feedback. This trend is changing traditional notions of what it means to acquire goodwill in a mark. Brand owners no longer work alone to craft the story of a trademark. Instead, modern brand narratives are written in collaboration with consumer communities. This new trend of trademark co-authorship through social media will require rethinking some entrenched concepts of trademark law. Ironically, one way for trademark owners to reassert control of their story is by linking their brand narrative to marks belonging to others. This phenomenon occurs every time one brand owner tells its audience to “like it” on Facebook or “follow it” on Twitter. In social media, many brand owners use the marks of others for commercial benefits without express authorization. The ubiquity of this trend requires rethinking when unauthorized uses should result in trademark liability. New social media norms will require tolerance of expressive, informational and even some commercial use of marks that happen without the owner's permission. Consequently, social media are creating multiple challenges for everyone attempting to apply trademark doctrine to new practices in cyberspace.

This fully updated third edition of Social Media and the Law offers an essential guide to navigating the complex legal terrain of social media. Social media platforms like Facebook, Twitter, Instagram, YouTube, and TikTok have become vital tools for professionals in the news and strategic communication fields. As these services have rapidly grown in popularity, their legal ramifications have continued to develop, resulting in students and professional communicators needing to be aware of laws relating to defamation, privacy, intellectual property, and government regulation. Editor Daxton Stewart brings together eleven media law scholars to address key questions, such as the following: To what extent do communicators put themselves at risk for lawsuits when they use these tools? What rights do communicators have when other users talk about them on social networks? How can people and companies manage intellectual property issues consistent with the developing law in this area? This book is essential for students of media, mass communication, strategic communication, journalism, advertising, and public relations, as well as professional communicators that use social media in their role.

Social media platforms like Facebook, Twitter, Pinterest, YouTube, and Flickr allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen—and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren’t widely understood. To what extent do communicators put themselves at risk for defamation and privacy lawsuits when they use these tools, and what rights do communicators have when other users talk about them on social networks? How can an entity maintain control of intellectual property issues—such as posting copyrighted videos and photographs—consistent with the developing law in this area? How and when can journalists and publicists use these tools to do their jobs without endangering their employers or clients? In Social Media and the Law, eleven media law scholars address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and WikiLeaks. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation—and this guidebook is here to help them navigate the tricky legal terrain of social media.

Social media platforms like Facebook, Twitter, Instagram, YouTube, and Snapchat allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen—and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren’t widely understood. To what extent do communicators put themselves at risk for defamation and privacy lawsuits when they use these tools, and what rights do communicators have when other users talk about them on social networks? How can an entity maintain control of intellectual property issues—such as posting copyrighted videos and photographs—consistent with the developing law in this area? How and when can journalists and publicists use these tools to do their jobs without endangering their employers or clients? Including two new chapters that examine First Amendment issues and ownership of social media accounts and content, Social Media and the Law brings together thirteen media law scholars to address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and live streaming. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation—and this guidebook is here to help them navigate the tricky legal terrain of social media.

This timely book examines the growing importance of hashtags both in online culture and within our digital society. Conducting a comparative analysis of legal strategies within the EU, Germany, and the United States, it aims to ascertain whether a fair balance currently exists between freedom of expression and competition in the treatment of hashtags as trade marks.