Businesses Encouraged to Adopt Social Media Policies

Douglas A. Cherry

Douglas A. Cherry

Many business owners, particularly those with a limited marketing budget or no marketing plan, view access to social media as free marketing. What could be better? Ask paid employees to get out the “buzz” as an assignment. But every business should know that free marketing may give rise to potential pitfalls that are detrimental to not only immediate sales, but also long-term growth and security of your company’s brand. Continue reading

Social Media Trademark Protections

Mindi M. Richter

Mindi M. Richter

One social media issue that continues to rise in popularity is what if anything a client can do when a third party reserves a social media username that is the same or close to the client’s registered trademark.  Although it is no doubt a frustrating occurrence, the answer on whether anything can be done is the same as it is for many legal issues, which is that it depends.  Most social media outlets have policies governing potential trademark infringement and provide an opportunity for a complaint regarding the same to be submitted directly to the outlet. Continue reading

Reviewing Social Media Use by Potential Jurors

Carnes_JaimePartner

James Carnes

In a recent Federal Judicial Center survey of nearly 500 federal judges, 120 of those judges said they do not allow lawyers to conduct online research of prospective jurors during voir dire. One of the stated reasons for the prohibition was concern for the privacy of jurors. That prohibition could change in light of an American Bar Association (“ABA”) opinion that was issued after the survey. Continue reading

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U.S. Copyright Office: Non-Humans Need Not Apply

Regina M. Joseph

Regina M. Joseph

British nature photographer David Slater reportedly took an expensive trip to Indonesia to snap nature pictures. He set up his equipment in the wild and left it for a while to see what it would pick up. And it did. A macaca nigra monkey became intrigued and snapped hundreds of pictures of itself, some of which were even in focus. (Among many reports: Who owns the copyright to monkey’s selfie?) Continue reading

Social Media Start-Up Capital: Don’t Try a Ponzi Scheme

Regina M. Joseph

Regina M. Joseph

You’ve got the perfect idea for a social media site, but how do you attract a critical mass of members to launch it? Your credit cards are maxed out and your friends and family are tapped too. Can you attract members by offering to pay cash incentives for recruiting other members, who in turn recruit other members and then others (known as “downline recruits”)? Continue reading

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Social Media and Digital Assets in M&A Transactions

Regina M. Joseph

Regina M. Joseph

Wait! Don’t skip these articles thinking that social media doesn’t affect you. Social media has invaded our lives, with only a Rip Van Winkle being immune (maybe). Some may scoff and others may cringe. The well initiated may laugh that the social media landscape,  Continue reading