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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  THURSDAY, 18 FEBRUARY 2010
Social networking: threats, promises or opportunities?
Next to speak in the MARQUES workshop was Luca Barbero (Studio Barbero) on the topic "Social Networks: Whatever Next? The main issues for brand owners and the possible solutions". Facebook, Twitter, YouTube, Flickr, Orkut, MySpace and so on -- each has its benefits and its burdens for the trade mark owner. Luca started with the Second Life phenomenon, where users of an interactive online game were found to be trading in goods -- including counterfeit and IP-infringing goods -- in Linden dollars. He then turned to socialnomics and the ROI ("return on investment") which can be harvested by social networkers who invest their time and effort in sharing information and harnessing their consumer power, whether as an economic force or as a political one.  

Luca then gave the audience a lesson in how to open an official corporate Facebook page, giving examples of Gucci and Campari as brands that have secured a Facebook presence in order to gain real-time information concerning consumer behaviour and to promote their own products and events. The element of social networking is somewhat limited in this case, since contributions to pages can be limited to Facebook group members.

The Facebook usename policy was then discussed, since trade mark owners can register their marks as usernames and thus block their use to other trade mark users (this can cause ill feeling where the same word is used as a trade mark by different businesses for different goods/services in different jurisd

ictions). Facebook then caused anxiety by saying that unused usernames would be allocated to third parties if there was no active Facebook page which corresponded to them.  Continuing with Facebook, Luca then reviewed its privacy policy and the operation of privacy settings, as well as its intellectual property rights infringement policy.

If all else fails, Luca, added, there's always Suicide Machine, which enables social networkers to escape from all their social networks in just 52 minutes, as contrasted with the 9 hour 35 minutes which it might take a serious networker to extricate himself from a full portfolio of connections.

In respect of infringing activities on social networking sites, the main problem facing brand owners isn't one of seeking legal relief or getting a site or page closed down -- it's quantifying the damage that can be inflicted by bad publicity among consumers and the general public if the brand owner looks as though it is attempting to curtail freedom of speech.  A case study concerning Ferrari was discussed, in which tackling  an unwanted fan-site through tact and diplomacy brought the company's problem to a mutually beneficial conclusion.

Posted by: Jeremy Phillips @ 12.21 
Tags: social networking,

 

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Birgit Clark
Edith Van den Eede
Fidel Porcuna
Frédéric Glaize
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Kathrin Vowinckel
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The Class 46 archive


+ 2013
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- 2010
     + December (50)
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     + August (30)
     + July (55)
     + June (40)
     + May (33)
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     + March (62)
     - February (44)
Spain - Do not mess with golden Oscar.
Malta in the CTM limelight
Keepin' up with the Joneses
Slovak Republic signs up for Singapore Treaty
GI news: Pementos protected, Parma packaging changes
No strange aroma, but will LONGKOU FEN SI pass the test?
CEIPI response on the Lisbon Agreement now published
Reader's Digest European Trusted Brands 2010
"Easter bunnies' case" back at the Austrian court of first instance
Spanish Patents and Trade marks Office (SPTO) goes totally online.
Don't say "pure" for pasturized milk, says Greek Communication Review Board
Just what is MARQUES doing? Part II
Just what is MARQUES doing?
Greece - Book titles not registrable as a trade mark says the Supreme Civil Court
Social networking: threats, promises or opportunities?
Dealing with unofficial sites and blogs: the Nestlé strategy
IDNs: a Nice subject, but not necessarily for TM owners
European Commission approves OTTO's acquisition of the Quelle trade mark "subject to conditions"
German Federal Patent Court: VOLKSFLAT
Italian Supreme Court tackles Rubik’s Cube CTM and establishes that Protection under the Italian Criminal Code for a CTM runs from Application Date.
Poland: differences in pharmaceutical trade marks
Switzerland: health claims regulation fully in force after 31 March 2010
Historic Greek beer brand to resurface
Spain: the Supreme Court settles a (coyote) fight on the protection of foreign trade names.
Comparative advertising in Turkey: the Radio Fenomen case
German Federal Patent Court: registrability of labels (“Etikett”)
Poland: football fans play with lawyers
Germany: McDonald's going "green" - but not in an ecological sense..
UK Company Names Tribunal issues guidance on "without prejudice"
If this cheese says "Monaco", it's Italian
New name for the MARQUES Newsletter: have you voted yet?
More TSG and GI terms gain Euro-protection
New logo for all EU organic products
JAVA MONSTER vulnerable and unprotected in Switzerland
Polish Sejm wants new logo
Changes to OHIM's Manual of Trade Mark Practice: usually no similarity between restaurant services and drinks
Genuine use in one Member State: the HPO speaks out
The Transformers take over the General Court: ENERCON confusingly similar to TRANSFORMERS ENERGON
The "ONEL case" - more rumours
Poland: information on licensing for Euro 2012 trade marks
Worst UDRP decision of 2009?
G-Star successful in Italy as Milan Court upholds protection for 'Elwood' and ‘Limit Regular’ jeans.
The mother of all UDRP complaints?
Poland: GESTROL is not always similar to GESTROLTEX
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