I. Social Media Use
A. Facts/Figures on Facebook, Twitter, YouTube
B. Do you personally use social media?
C. Does your company/client use social media sites?
II. Advertising and Marketing on Social Media
A. Does your company/client advertise and market on social media sites?
B. Does your company/client run contests/sweepstakes/games of chance or giveaways on social media sites?
C. Have you reviewed the FTC’s Guidelines concerning endorsements and testimonials?
D. How do you deal with negative comments and/or reviews on your company/client’s social media page/site?
III. Social Media Policies
A. Does your company/client have clear guidelines as to who can post on the company/client’s Facebook wall or send Tweets?
B. Does your company/client have a written policy for employees, vendors and/or clients regarding use of social networking sites and electronic media?
C. Does your company/client have security procedures in place to prevent the inadvertent disclosure of personally identifiable information?
D. Social Media Policy Resources
IV. Trademark Infringement on Social Media Websites
A. How does your company handle trademark infringement on Social Media websites?
B. Are specific policies in place for monitoring Social Media sites for trademark infringement?
C. Does your company use trademark watch services to monitor trademark infringement on Social Media sites?
D. Do you have your own login account on Social Media sites to monitor them for trademark infringement?
V. Domain Disputes
VI. Applicability of typical infringement Statutes and Provisions
A. How to handle registration of Facebook, Twitter and other Social Media personalized User Names
B. Is it infringement?
B. Lanham Act
C. ACPA (Anti-Cybersquatting Consumer Protection Act)
D. Rights of Publicity
E. Social Media site guidelines
Suggested Reading Material and Resources
1. Five Steps to Protect Your Trademarks in the Web 2.0 World–Liisa M. Thomas and Robert H. Newman, Winston & Strawn LLP, Chicago, Illinois, USA. Published in the INTA Bulletin May 15, 2010, Vol. 65, No. 10.
2. Social Networking and the Law; Virtual Social Communities Are Creating Real Legal Issues–Perry Viscounty, Jennifer Archie, Farnaz Alemi, and Jenny Allen, published in Business Law Today, Volume 18, Number 4, March/April 2009.