Copyright & Trademark Matters Insights and Developments in Copyright and Trademark Law

Category Archives: Social Media

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Using Online Shame as a Defense to a Trademark Infringement Claim May Not Always Be Effective

Posted in Social Media, Trademark, Trademark Bullying

The Wall Street Journal had a piece recently about how the recipients of trademark infringement cease and desist letters are increasingly using ”online shame” to gain leverage in disputes with trademark owners.  As “trademark bullying” is a hot topic among trademark lawyers and in the press, this article picks up on that theme.  It highlights a dispute between a small online cookbook… Continue Reading

Who Owns a Company’s Twitter Account (and Musings on Social Media and Trademarks)?

Posted in Litigation, Social Media, Trademark

Our colleagues at Mintz Levin’s Employment Matters blog recently posted an interesting piece about a dispute regarding ownership of a Twitter account.  The dispute arose from an employer/employee relationship, but serves as an important reminder about protecting your brand on social media sites. As alleged in the complaint (PhoneDog LLC v. Kravitz), PhoneDog operates a website that offers cellphone news and reviews and it hired… Continue Reading