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August 2009
Trademark infringement--and even outright fraudulent impersonation--are issues common to all social networking services. The June 12, 2009 Waller Lansden bulletin “Protecting Your Brand from Facebook Squatting” discussed the risk of trademark infringement on the popular social networking website Facebook. In this bulletin, "Protecting Your Brand on Twitter and Second Life," we address the risk of trademark infringement on the microblogging and social networking service Twitter, as well as the virtual world Second Life.
Twitter
Twitter is a popular social network and micro-blogging service that has become increasingly important to brand owners. While fake celebrity accounts on Twitter have generated much attention, international corporations such as Exxon Mobil Corp. and American Airlines have also fallen victim to the misuse of their trademarks in phony Twitter accounts. As a preemptive measure, brand owners should consider signing up for official Twitter accounts under their brand names (and any variations or nicknames associated with their brands). Businesses that become aware of a Twitter impostor can report it to Twitter following the procedures available at this link.
Second Life
Like the real world, the virtual world of Second Life has been plagued by the sale of counterfeit products, in addition to other forms of intellectual property infringement. With the click of a mouse, for example, users can purchase unauthorized virtual “Gucci” shoes or virtual “Ferrari” sports cars. In response to the growing problem of counterfeit virtual goods, the operators of Second Life recently announced a roadmap of their plans to protect intellectual property in Second Life. This multi-pronged proposal includes the following goals:
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Establishment of a standardized intellectual property infringement complaint process
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Promotion of tools to limit infringement
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Creation of a certified “content seller program”
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Clarification and updating of policies to promote intellectual property awareness
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Development of “sticky licenses,” or licensing metadata, to facilitate a marketplace for content outside the Second Life world
Of course, it remains to be seen how Second Life will implement these principles. These general goals, however, demonstrate that there is an increasing awareness of the importance of intellectual property protection on new media sites.
While the intellectual property policies of Twitter, Second Life, and Facebook are still evolving, in light of the tremendous growth of these sites, all brand owners should consider the impact of new media sites as part of a comprehensive brand protection strategy.
For more information on protecting your brand from infringement online, please contact Bob Felber,
Mark Plotkin, Emily Zibart, or any member of Waller Lansden’s Intellectual Property practice at 800-487-6380.
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