Klein & Wilson

Protecting your brand on social media

Social media can be an effective tool for companies who want to expand their brand. But with such an extensive reach, social media may unfortunately be a platform for those who sell counterfeit goods under the guise of an established brand. This can lead to consumers purchasing fake goods or relying upon false information, leaving the brand owner to deal with the fallout.

Upon discovering that another entity is infringing upon a company’s trademark, the natural reaction is to send a strongly worded cease and desist letter to discourage any continued unauthorized use. But just like social media can be used to expand a company’s brand, it can also be used to disseminate a trademark owner’s demands in the context of a vicious rant. 

So how can a trademark owner discourage infringement and avoid the portrayal of being inflexible, unreasonable and alienating one’s consumer base? Like the old adage, communication is key. So it is important to understand that how you communicate your brand is just as important as how you protect it. 

This is a critical consideration because the line between legitimate fair use through parody and actionable trademark infringement is not an easy one to draw. After all, social media platforms are predicated on the free expressions of ideas, even if they are critical of a brand.

 Further, draconian cease and desist letters meant to scare laypeople who may not understand infringement may only invite conflict and create additional frustrations that can lead to widespread misinterpretations.

If you have questions about how to effectively protect your brand from infringement on social media, an experienced attorney can advise you. 

No Comments

Leave a comment
Comment Information
  1. RATED BY | Super Lawyers | Top 100 | Southern California | SuperLawyers.com
  2. Avvo Rating | 10.0 | SUperb | Top Attorney Litigation
  3. PREEMINENT AV | Martindale-Hubbell | PeerReviewRated
  4. RATED BY | Super Lawyers | Top 50 | Orange County | SuperLawyers.com
  5. Best Lawyers | BEST LAW FIRMS | U.S.NEWS | 2018
  6. KLEIN & WILSON | RECOGNIZED BY | Best Lawyers | 2019
  7. AMERICA'S TOP 100 | TOP 100 | ATTORNEYS
  8. The AMERICAN LAWYER
  9. AVVO Client's Choice | Award 2017
  10. OCTLA | Orange County | Trial Lawyers Association | Trial Lawyer Of The Year
  11. The National Trial Lawyers | Top 40 Under 40

Contact Our Attorneys Today

Please call the law office at 949-478-0521 or fill out the form below to arrange a consultation with a lawyer.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Get Started

Klein & Wilson
4770 Von Karman Avenue
Newport Beach, CA 92660

Phone: 949-478-0521
Fax: 949-631-3703
Newport Beach Law Office Map

Map
Firm Office