1. Discuss the role of social media in your organization
- How do you use social media?
- What specific social media platforms are used by your organization?
- Do you have guidelines for all employees governing use of the social media account to ensure uniformity?
2. Are you proactively registering the brands you use on your social media accounts?
- Are you also registering your brand as usernames?
3. Do you see fake social media accounts for your organization? Infringing usernames?
4. What kinds of monitoring programs do you use?
- Do you maintain records of infringing accounts?
- How do you currently address fake accounts (take down requests)?
- Cost-effective monitoring for damaging content
- Create Google alerts and consider using websites such as :
- icerocket.com (search blogs, Facebook, Twitter)
- KnowEM.com (checks trademark “availability” on social networking sites)
- TweenBeep.com (sends alerts when people are tweeting about your company)
- Adgooroo.com (reports who is bidding on keywords that tie in to your trademarks)
5. How do you handle infringement of your brand on social media?
- Consider the identity of the user
- Be cautious of overly aggressive demand letters
- Social media notice and takedown procedures
6. What kind of PR considerations do you have as it relates to social media?
- Poorly worded demand letters or an overly aggressive approach could be on the Internet instantly
7. Do you run contests or sweepstakes via social media?
8. Do you post endorsements, sponsorships, or testimonials?
- Proper disclosures
- Checking applicable state laws and social media guidelines before posting
- Must disclose compensation and material connections
- Must be truthful
9. Are you using trademarks owned by others?
- Terms and Conditions for employees to follow to prevent unlawful posts
- Celebrity content? Right of publicity
- Are you using user-generated content for marketing purposes?
10. Social media and litigation—used in electronic discovery
- Everything is discoverable despite privacy settings