Social media seminar – Part one

Social media seminar – Part one

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Eric: I’m going to be speaking about IP, trademarks
and copyrights. And the whole idea of this presentation is
[that] I want to give you information and the tools to try and handle some of this on
your own. IP is a
nuanced area of law. Sometimes the circumstances are not as straightforward
as they appear but I want to give you that information, those tools, and also to shine
the light on social media, generally. I’m going first because I want to give you
a lot of information about social media. Whatever your familiarity with social media
is, you are going to get some new information. It’s not a secret. [Social media] is absolutely critical to any
business nowadays. If you want to be successful and get positive
traction in the marketplace, you need to have a positive social media presence. Note the power of social media. I love this little story about Tessa. She was turning 16 years old. She lived in Hamburg, Germany. She was really excited about turning 16. She wanted to have a party at her house and
so she went on Facebook, on her Facebook account, and she put in an invitation to a party. The problem is when she posted her invitation
to the party she forgot to mark it private. It said anyone can view an RSVP. What happened? All these lonely guys showed up to Tessa’s
birthday party. It’s awkward. Tessa was literally under bed on her 16 birthday,
She was afraid and she was frightened, understandably so. All these guys showed up. There were fights. The cops were called. Blood was shed. Why? Why? Because Tessa forgot to uncheck this box that
says, “Losers don’t come to my party.” Okay? This is the power of social media. By not clicking a single box you have chaos. Online ad spending is to pass TV spots. This is an article back in 2015. That’s when we started to see this shift. You’ve got cord-cutters. You’ve got “cord-nevers”. I think 24% of Americans don’t even have cable
anymore. You began to see this shift where advertisers
were now spending their money, with a far more sharpened focus online and identifying,
I think probably more accurately, their target market. You know how it is. You go to newyorkpost.com, where I go a lot,
and the next day I’m shopping for shirts, I go back to newyorkpost.com and there’s an
ad for Brook Street Shirts, right? That don’t wrinkle. They don’t fit me well. My arms are too long. Netflix was nominated for 13 Emmy’s in their
first season. That was new. Amazon has won an Oscar. That’s new. That didn’t happen 5 years ago. This is the dramatic change that we are seeing
now. Traditional forms of media now have this competition. Anybody here have young kids? Do you use a babysitter? Do you need cable for your babysitter? No. He goes, “Um, Eric, while you were gone I
subscribed to Netflix using your credit card.” I go, “Thank you.” Totally different. These are cord-nevers. You’ve got cord-cutters but you also have
cord-nevers. Here are your main social media sites. You’ve got Twitter, and LinkedIn, and Facebook,
and YouTube, and Instagram and Pinterest. I’ll go through some of the key legal policies
as they apply to some of this stuff. Bottom line is you see something that’s problematic,
as far as your company goes, as far as your brand goes, how do you get it taken down? But first some information. Most active users. So they’re not just people who subscribe,
people who are actively involved. Facebook has over two billion active users. Two billion! YouTube has 1.5 billion. WhatsApp has 1.3 billion. As you go down, Instagram is at 700 million. Twitter is at 328 million. Twitter’s got about 600 million accounts or
so, but right before their IPO they have to actually indicate how many active users do
we have. So they have 368 million users. Pinterest is here at 200 million and LinkedIn
at 106 million. I don’t know what Telegram is but it’s got
100 million users and that’s pretty exciting. Do you know what it is? See? I don’t know. They already have a 100 million users. Snapshot. Use of the internet. So, global population, by my last count last
night, was 7.4 billion. The number of internet users is 3.7 billion. Active social media users, about 2.8 billion. The number of mobile subscriptions, 8 billion. That’s more than the world population. And active social mobile users, 2.5. I love that. I know we’ve got some advertising specialists
here. Dan will be talking about it. How great is it nowadays, for brand owners,
that you can take the advertisements with you. Onto the bus. When you go for a walk. I know I bike into work and I almost get killed
every day, which is a whole different story, but I’m listening. I’m listening to sports shows and I’m getting
ads dropping in. I’m taking everybody’s business with me. Annual growth in Asia Pacific. Businesses now are looking to China. I had a client of mine tell me a story that
his friend runs a store in Vancouver. He just sells luxury watches. In walks this Chinese couple, looking pretty
ordinary and pedestrian, and they go, “How much is this watch?” “$650 thousand.” I didn’t know they had watches for 650 but
that’s like [the price of] my house. What time is it? Time to pay the mortgage. She said, “What does this watch cost?” He said, “$2.1 million.” She said, “I’ll take two of the $650 thousand
watches and one watch valued at $2.1 million.” There is obviously wealth here. We tend to be a little North American centric
and think, well, all the action is here. All the social media action is here. That’s not the case. They have a high number of internet users
in Asia Pacific region. A high number of active social media users,
over 300 million. 140 million mobile subscriptions and 375 active
social media users. Lots of our clients are looking to Asia. Looking to places like China and a lot of
them are experiencing dramatic and tremendous economic growth. Internet users. This gives you an idea, right? We always think well, I don’t know, it’s us. Like, we’re always on the internet. Maybe we are, as far as, if you look at the
average, as far as our population goes,. but East Asia rules the day. Fifty-seven % of internet users are in East
Asia. In South Asia, 33% of them are there. In Africa, about 30%, and that’s of their
population. But here are the number of internet users
in these different countries. Top Facebook. So, these are the accounts on Facebook that
have the most followers. Now, the first three are cheaters. They’re Facebook. Clearly they’re padding their stats. Beyond that, Cristiano Ronaldo plays for Madrid,
and then his team’s Facebook page after that. Shakira, whose hips don’t lie. fc Barcelona, rival of Real Madrid. Vin Diesel. How is that possible? Do you sometimes look at a list and go, “Somebody’s
lying.” How is that possible? Clearly, someone here is having fun. Eminem. Lionel Messi, whom I’ve seen play live, he’s
just fantastic. YouTube, Rihanna, Justin Bieber, Will Smith
at the bottom. What you’re seeing here is if you want to
be, in part, successful on social media, in part it’s about infotainment. Right? You don’t go to social media to read twenty
page dissertation on the neighbour principle, Donoghue and Stevenson, and stuff. You’re going to learn to but also to be entertained. Your top Twitter users, no surprise again. In line with infotainment. Katy Perry, Justin Bieber, Barack Obama, Taylor
Swift, Rihanna, Ellen DeGeneres, who was one of your first kind of Twitter users. Lady Gaga, as you do down, Britney Spears,
Kim Kardashian and Selena Gomez. CNN just broke on to this list. They were on it last year. I don’t know. I think it might have something to do with
the President. Facebook, more than 2 billion active users. Average users, 130 friends, none of which
include me. People spend over. It’s not funny. People spend over 700 billion minutes per
month on Facebook. I tell this every time. It’s true. Someone once asked me, “Is that per person?” I was like, “I became a lawyer because I’m
not good at math except when it’s time to bill.” — but I’m pretty sure if you do the math,
days times months times … no that’s not going to be per person. That’s going to be global. Average users, 80 community pages, groups
and events. So from the standpoint of a brand owner it
can be a great place to go to leverage your brand. It could be a very effective venue from a
brand messaging standpoint. Starbucks has done a really good job. A lot of brand owners do a really good job
leveraging social media, to get their message out directly to the consumer, no middle man. What I love is this 150 million active users
accessing Facebook on their mobile device. Again, because you’re taking the advertising
with you. About half of all Facebook users log on in
any given day. So we know there are 2 billion of them and
that is just growing. Total number of Facebook pages, you see there
is a lot of them, 54 million. Languages available on Facebook, over 70. Seventy-five % of users are outside of the
US. Number of fake Facebook profiles, 81 million. That’s where I come in, in part. Sometimes they’ve misappropriated trademarks
or they’ve misappropriated personalities and pretend to be CEO. Set up a site, … stuff, drive the price
down of a stock, chaos. We come in. Fix it. And Facebook revenue. In the second quarter of 2017, it was 9.32
billion. Don’t know how much of that came from the
Russians but I suspect it’s not that much. About a quarter of users check their accounts
more than five times a day. That makes you a loser, in case you’re curious. No, I’m just kidding. If you do that I totally support you. 18% are 18 to 34 year olds and they check
Facebook when they get out of bed. I guess it’s better [that they get] out of
bed than checking it in bed but, again, this might suggest that people are always on it. Average time spent on Facebook per visit,
18 minutes. This is significant. I’ve got a radio show. No one listens to it. It’s in a number of markets across Canada. It’s on TSN. The average listener listens for 4 to 5 minutes,
or 6 minutes, on a radio show. Mine is between 3 and 4 seconds. That’s generally it. Now what you have are people landing on something
for almost 20 minutes. That’s huge. That is significant. And they’re looking at the content and the
ads are right there. Sometimes embedded in the posts. If you do it properly as a brand owner, your
post could look like sort of these organic postings. 350 million photos uploaded a day. How many of those are deleted, do you think,
within 5 minutes? Regret. Right? Oh, I shouldn’t have posted that photo. That’s not good for business. That’s not good for anybody. Twitter is, and Facebook is, social media
is a loaded gun. You have got to be careful. I just find this growth, Facebook, to be staggering. In 2009 [there were] 200 million users. In October 2017, there were 2.1 billion users. Active users. Twitter, 328 million are active. 500 million tweets per day. 40% of those on Twitter don’t tweet so they
go to Twitter, I think, for breaking news before it breaks. This is where I think we generally go now,
if there’s sort of breaking news, and you want to be updated almost in real time. Twitter is great for that. If you had different hobbies you’d follow
different people but people don’t feel as compelled now to tweet out. Twitter’s growth hasn’t matched that of Facebook. There have been issues, an open question with
respect to the interface, as far as Twitter goes. But it’s still a really effective tool in
certain circumstances to speak directly to a consumer. We know that Kim Kardashian will make twenty
or thirty grand by just posting a single tweet about a perfume, as the brand owner appreciates
the value of having no middle man, connecting directly with the consumer. Driving force. That’s a pretty delicious demographic for
advertisers. 25- to 54- year olds. Older than you think. Twitter, 28% of retweets include “please retweet”. That’s a form of begging in case you’re curious. I remember I had someone told me once, they
said, “You know, Eric, when someone follows you on Twitter, you should thank them.” That’s kind of desperate. No? It’s like, “Hey. I want to be your friend.” “Thank you. I don’t have any.” So, I don’t thank people. Anybody here thank people that follow them
on Twitter? No. And Mark, do you think that’s kind of weird? Mark: Yup. Eric: Yeah, no. I agree with Mark. I think Mark is totally right. It’s totally, totally weird. Twenty million fake accounts. There are a lot of them. So, again, that’s where the legal side of
this? That question kind of kicks in. How do we get these accounts down? It can be a little bit of a horror show with
Twitter because it’s so new and I will go through that. Sixty% of users access it on their mobile
device. Again, taking it with you. LinkedIn has 300 million users. Number of new members every second, two. It has 100 million users in the US. It’s in 200 countries. The average time spent on LinkedIn is 17 minutes. Again, now we are seeing this inflated number,
relative to the old numbers, as far as traditional media goes. This is the only social networking site that
50- to 64-year olds use more than 18- to 29-year olds. This is interesting. The most used adjective on LinkedIn is “responsible”. The economy not great [so the common word]
is responsible. Do you know what the word was when the economy
was really, really good? What was the most often, someone always gets,
what’s the term, the word that was used the most often on LinkedIn to describe someone
looking for a job when the economy was really, really strong? Anybody have any guesses? Throw any word out, even like tall, anything. Audience: Innovative. Eric: Innovative. That’s really good. That’s really close. Audience: Creative. Eric: Who said that? Yes. That is exactly it. It was creative. I think that’s outside the box. I’m going to help move this company in a whole
new direction. Now, it’s like, would you please give me a
job? I’m really responsible. I’ll do what you tell me to do. That’s how things have changed. Turkey, Colombia, Indonesia, [are the] fastest
growing markets and, again, nearly half of the users visit it from their mobile communication
device. I personally find it weird. I mean, in law, at Gowling, LinkedIn isn’t
really, I think, a necessary tool. It is in other industries. I do find it weird when someone down the hall
wants to connect with me as a LinkedIn friend because you could just come and say hi. So, brand owners, you’re looking at many of
them are really active on social media, obviously, and these numbers are changing as I speak. Online spending. These numbers are in trillions of dollars. So this is retail sales from 2014 to 2018. These are the projected sales at $2.5 trillion
globally, online. I bought my four-year-old son a Superman outfit
for Halloween, online. I bought my Batman outfit to match his outfit,
online. I buy a lot of this stuff, online, and I’m
getting more comfortable buying things that may not fit that I have to return, online
— which is everything because I’ve got a really weird body. Seventy-seven % of millennials and 56% of
gen-Xers prefer buying online. So this is how it is changing. Parents spend 61% more online than non-parents. Usually buying pacifiers. Right? Please stop crying. Nearly half of parents stated that they can’t
live without online shopping and men reported spending 28% more online than women during
the past year. Men and women both report spending five hours
per week shopping online so I guess the takeaway is that men are irresponsible online. They spend more money in the same amount of
time. Well, I needed that NFL jersey. Yes, it did cost $5 thousand but it was game-worn
and has blood on it. With online spending and social media, about
a quarter of shoppers are influenced by social media reviews. Thirty % are likely to make a purchase from
social media network like Facebook and Twitter. About a quarter are likely to make a purchase
from Facebook. Fifty-one % of millennials likely to make
a purchase over social media. There are obvious, obvious tremendous advantages
to being online, and specifically, in the social media space if it’s managed properly. It can result in dramatic economic growth. But with dramatic economic growth come dramatic
legal issues. From an intellectual property standpoint,
what are the issues that arise on social media and how can they be addressed? These are your key ones: Impersonation, trademark
infringement, user name squatting, copyright infringement, and this is a new one, hacking. You have a Facebook account? I have 250 thousand followers. My account is kicking it. It’s amazing. Everyone’s coming to it. Getting lots of likes and thumbs ups and the
whole thing and then you get an email at three o’clock in the morning from someone in the
Philippians saying, “I have taken over your account. Give me a $100 thousand or you’re not going
to get it back.” So what do you there? It’s actually not straightforward. I found a way but it’s not that straightforward
because Facebook, for some reason, of all their policies, they don’t seem to be enthusiastic
about giving you back your hacked account, which is really interesting. But there is a way. Stay tuned. I’m going to focus on Facebook and Twitter. Those are the main ones. Facebook and Twitter have different enforcement
policies dealing with all the issues that I just mentioned. Impersonation, infringement, squatting, copyright
infringement. Not hacking so much. Well, they do but it’s a terrible policy and
is not remotely helpful. Let’s look at Twitter, for example. They have an impersonation policy. Impersonation is what it sounds like, pretending
to be another person, or another company with the intent to deceive. That may result in suspension of a username. So, the username is, let’s say, Starbucks,
their username is @Starbucks. That’s what I’m saying when I refer to a username. @Starbucks is a username. That could result in suspension of the username
and the suspension of the account. But here’s the thing: Twitter users are allowed
to create accounts based on parody, critical commentary, legitimate critical commentary
and fan accounts — using third party brands. When I said third party brands I don’t only
mean Nike and General Motors, I mean Britney Spears. Because while Britney Spears is a name, from
a trademark standpoint it also functions as a trademark in association with entertainment
services. It’s a different way to look at it but that’s
in fact what it is. I’ll come back to that nugget. It’s really, really important. Someone who is accused of impersonation can
defend the impersonation complaint by taking the position that well, look, my account in
the bio says I’m not Nike, or this is a fake Britney Spears account, or it’s a fan account
for Britney Spears. The bio could indicate that it’s a parody
and the argument made is that tweets don’t mislead or confuse end users as to affiliation
or endorsement. But let me say this, this is all in Twitter’s
policy, as far as what impersonation is not. It’s important but here’s the bottom line. What’s the overall commercial impression created
by that site? If it’s that the site owner, the account holder
is affiliated with or otherwise endorsed by the brand owner, it could be a collection
of different information that tweets themselves, the username, the avatar, right, the photo. Photos are really, really powerful. In trademark law there’s this fundamental
rule. This fundamental principle is that if someone
is using a third party logo, that [fact] by itself suggests that they’re affiliated with,
or endorsed by, the brand owner. So, if you’re driving your car and you drive,
I don’t know, say a Jeep. Let’s say Mark drives a Jeep, right, and you
want to get your Jeep fixed and you see there’s a mechanic, who has got Jeep written out in
paint and he wrote it out by hand, you know its unauthorized. Then you see someone else who’s got the [official]
Jeep logo, you’re like, “That’s authorized. I’m going to go there.” That’s the initial commercial impression that’s
created and it is not dispelled. Once you get there then that would be infringement. You look at what’s the overall commercial
impression created by the site. If the account says it’s @fakevisacard and
the bio says this is a fake Visa card account, who would have a fake Visa card account, Michael? I don’t know. But then you look at the tweets and the postings
related to interest rates for Visa cards and some, I hate to use the term like some fake
news, you can make an argument that despite the fact the account expressly indicates it’s
a parody account, the overall impression created by that account is such that this is going
to confuse end users and this site can come down. Here’s a really nice example. Nick Kypreos, who works for SportNet, the
account at the top, @nickkypreos, it’s not Nick Kyp-preeos, like someone once said to
me because that’s what it looks like, that’s the fake account. Nick Kypreos registered the username realkyper
and created that account. To register a username, all you need is a
username, an email and a password. Then you type in the username that you want
and if it’s available, it’s yours. There’s no vetting process. If you have a unique email address it can
take all of 15 seconds to secure any username you want that is available. This was kind of a big deal, because during
the trade deadline a few years ago, the fake account at the top announced a trade that
the Canadians had made. Now, it was picked up by the AP and ran across
the country. As a Habs fan I knew it wasn’t true because
the trade made sense and it was reasonable. Again, that’s not funny. But that’s the power of it. You would say, “Hey, Nick, you should file
an impersonation complaint.” and my answer to that is, “No, you should
not.” With social media, from a legal standpoint,
it is really important to always pick the right policy, the right course of action. Because if you pick the wrong one, you go
down the wrong road, you are going to screw yourself. So, in this case you pick a trademark violation. Why? Because if you file an impersonation complaint
as the remedy, if you are successful, the account comes down but the username is then
transferred to you. So, realkyper won’t be replaced by nickkypreos
because he filed an impersonation complaint. Michael’s like, “That doesn’t make sense.” That’s just the way it is. A trademark complaint allows for the transfer
of the username, apart from the account coming down. So, this is what you pick. Now, you’re looking at Kypreos like, well
he’s not a trademark. Then go back to what I said about Britney
Spears is his position, his position at Rogers, should be that while Nick Kypreos is his name
and a trademark lot that doesn’t function as a trademark, it could certainly be elevated
to trademark use if used as such. Best example, Calvin Klein. That’s someone’s name. Put it on the back of jeans. What is it? It’s a trademark. In this instance here, because it’s a service
it feels more esoteric and elusive, but that’s all it is. You say Nick Kypreos functions as a trademark
in association with entertainment services in the field of sports. The value of those services are an open question
but that’s what you can rely on. That’s why you make sure that you file the
complaint pursuant to the trademark policy. Username squatting. I said how easy it is to pick up a username. Let’s say I want Nike Shoes, @nikeshoes, I
type in my email address, a password, type in the username, if it’s available, it’s mine. People will secure usernames on Twitter, or
on Facebook, which is after the forward slash, it’s called the post domain path. On Facebook there used to be just a series
of numbers, nonsensical numbers and letters, reflecting sort of a directory filing system. But Facebook years ago decided, let’s just
make this, let’s let people identify their account by way of a username in the post domain
path. People will squat on those. The issue is, on Twitter, unlike a domain
name, a dot.com, I can find out most of the time who owns a dot.com or a dot.ca or a net,
org, info, biz, but I can’t find out who owns a Twitter username because there’s no ownership
information associated with it. The person’s who’s really squatting may leave
clues as to how to contact them, but if you’re a brand owner and you didn’t pick up your
username and someone else has it — and this happens all the time — it’s really tough
to contact them. You can contact someone on Twitter by replying
to them, or sending them a message, but a lot of the time you don’t hear back. Try and be proactive as far as the username’s
go. If you do file a username complaint, or a
trademark complaint, and you get the username, here’s kind of the little wrinkle. That username will be, if it’s inactive
for 6 months, Twitter has the right to delete it and it goes back in the public domain. So you can fight over your username. You can secure your username. You don’t use it, you could lose it. Let’s say you’re Nick Kypreos. You’ve used realkyper now for 10 years. You don’t want to replace that with nickkypreos. But unlike a domain name, I can hyperlink
Gowling.ca to Gowling.com. You can’t use two usernames and associate
them with one account. So, if you secure your username, what you
need to be doing it every 3 or 4 months go in and post a tweet, “Hey, if you’re looking
for me I’m really located here.” That then would successfully deflect any attempt
by Twitter to delete the username you have fought so hard for. Copyright infringement. I talk about picking about the right policy. Let’s say I’m on Facebook and I see an account
on Facebook and it’s infringing. They have my username. They have my logo as the avatar and they have
some posts there. If I file a copyright complaint and it’s only
in connection with a single posting, the avatar on the Facebook page, the account image. What happens is Facebook will go in, or Twitter
will go in, if they agree with you, and they will pluck the image off the account. The rest of the account stays up. I mentioned to you before the power of an
image in trademark law –how it would suggest, prima facie, that the brand owner endorses
your activities or [that] you’re somehow affiliated with them. Once you remove the image, the site stays
up, your case is now a lot weaker. Make sure you pick the right policy. As far as filing these complaints, Twitter
and Facebook, they have different online forms. For squatting, and infringement and copyright,
and you enter the information. I will say this, two things, on trademarks. Facebook and Twitter will ask for your trademark
registration numbers. You may not have trademark registration numbers. You may have only what I’ve referred to as
common law trademark rights. What are those? Well, they’re enforceable rights that arise
by virtue of use of the mark in the marketplace. Absent a trademark registration, if you use
your mark in the marketplace, you can protect that because that’s kind of the foundation
of the trademark’s regime in Canada and the US. It’s called a use space regime. You use the mark, whether you have registration
or not, you can protect it. That’s why, for the most part in Canada and
the US, you can only get a trademark registration if you started to sell a product or a service
with the mark on it. So, the part where they ask for your trademark
registrations, you just leave it blank. And you know most online forms say, “Anything
else?” That’s when you put in your demand letter. Say, “By virtue of extensive continuous use
since 2005 we are the owner of common law trademark rights in blank.” Twitter and Facebook will respond favourably
to that. As far as copyright goes, people say, “Do
I need a copyright registration?” No. In fact I have filed countless trademark claims
and copyright claims this year, half the time I have registrations, half the time I don’t. Copyright, I never have a registration. But you don’t need it. Why? Copyright vests the second, the minute that
you create a work. You own the copyright in it. You do not have to provide a copyright registration
number. It’s easy to get a copyright registration
number. It takes about 2 or 3 days. It’s about 500 bucks. But the only time you want to get a copyright
registration is you are involved in litigation through the courts because the copyright registration,
on its face, is prime facie evidence that you own the copyright in that work. But as far as social media goes, you don’t
need to have trademark registrations or copyright registrations. I hope that that is clear. Any questions on any of that. No. Okay, I’ll come back to it. Hacking. So we’ve had a few cases. Brand owner wakes up, someone has misappropriated
their site, they control it, they want $100 grand US, so $42 million Canadian, to give
that site back. You look at Facebook’s policy, hacking policy,
and what does it provide? They’ll tell you to create a new account. That’s the solution. So you do that. You lose all of your followers. All of your goodwill. You’re back to zero followers. That is not an ideal resolution. So, the solution that I was able to kind of
put together was, you get an affidavit in the name of the Facebook Admin for your Facebook
page. So, every Facebook page has an Admin. Their name is there. Their email is there and the Admin manages
the site. So they’re actually inside your account. You draft an affidavit in their name explaining
what happened. You attached government identification, photo
of a drivers licence, passport and you file that affidavit, all by email by the way, by
email to Facebook. If you need the email, shoot me an email and
I will give it to you, because it’s long, nonsensical, it’s got numbers. That’s what Facebook does. They just want to confuse you all the time,
okay? And it works if you don’t have a lot of experience
in the area. You send it in. That actually works. That will work. That is the way to get a hacked account back
but you have to move quickly. Why? Because what the hacker is going to do to
try and encourage you to pay them, $42 million Canadian, is they’re going to start posting
stuff on your account. I’ve always hated my own products. They’re shoddy. They’re made by kids. Right? People are like, “Oh my gosh. I’m not going to buy this stuff anymore.” So, you want to move quickly and you can. That’s the wonderful thing about email. I issue most of my demand letters by email,
all of them go by email, and if it’s necessary then it also goes by courier. If I want to have evidence that this person
has received it but use instantaneous communication. That is the best way. I know some lawyers, the old days, will send
demand letters by pigeon, on a big piece of mango skin and write it out, Dear Sir, no. That’s not how it works anymore. It’s quick, it’s fast, it’s cheap, but that
gets results. Particularly when you’re dealing with multi-jurisdictional
issues and that’s the big issue. Multi-jurisdictional, you have someone who’s
in Macedonia who’s ripping off your brand, you’ve got to be aggressive. You’ve to be pointed and you have to have
a sharpened focus if you are going to be successful. Okay. Just some tips. Be proactive. If you’ve got a new brand coming out secure
the usernames for it. Secure the domain names as well, dot.ca, dot.com,
dot.org, info, biz. Those are your main top level domains. Those are the ones that you want secure. Be proactive but you can’t conceive of every
possible, you know, username or domain name, registered by an evildoer. Right? You can’t. So you just do the best that you can. Review sites on Facebook and Twitter for unauthorized
use of your trademark or copyright. Any misappropriation of intellectual property
that you see on Facebook and Twitter, and LinkedIn as well, assess it and determine
is there a harm to my company? Are end users being misdirected to these sites
under the mistaken impression that this is us? Not to show the, meaning, that’s them. Every case is different. You don’t want to act on every case because
there’s going to be a lot of them. If you’re a significant brand owner, or even
not, we’ve got a client here, a cosmetics company that’s been around for seven years
with explosive, staggering growth, but they are being misappropriated on trademark registers,
domain names, Facebook, Instagram, it is never-ending. It might surprise you that some people are
targeting you. Then if you feel as though one issue, or two
or more, require enforcement then you go after them but make sure, again, you pick the right
policy. You pick the right course of action. It is absolutely critical.

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