Tag Archives: social media lawyers

Trademark Infringement Statutes: Mind Your T’s and M’s

The proliferation of social media has resulted in a similar (although not nearly as vast) proliferation of trademark infringement and trademark infringement lawsuits. And while parties may bring claims for “common law” trademark infringement or trademark infringement under state law, the vast–almost exclusive–basis for a standard infringement suit is federal law.

But, as lawyers, what do we do with all those Lanham Act statutes? There are a whole bunch of trademark sections to deal with after all. (Okay, fine, it really isn’t that difficult but, apparently, confusion does arise.) Seriously. You have 15 U.S.C. §§ 1114, 1115, 1117, 1125, and more!

Well, a florida federal district court recently gave the parties a remedial lesson in trademark statutory law:

The Court notes that Roca Labs erroneously cites to 15 U.S.C. § 1117 as the statute supporting its claim for trademark infringement. However, section 1117 enumerates remedies available to plaintiffs who prevail under other sections of the Lanham Act; section 1117 alone does not provide a cause of action. Because Boogie Media does not challenge Roca Labs’ erroneous use of this section, and because Roca Labs states elsewhere in the Amended Complaint that it seeks relief for trademark infringement under section 1114, the Court construes Count I as a claim under 15 U.S.C. § 1114(1).

Roca Labs, Inc. v. Boogie Media, LLC, 2013 WL 2025806, at *8 n.2 (M.D.Fla. May 14, 2013). Don’t ask me why I changed all the hyperlinks from Westlaw to Cornell’s awesome Legal Information Institute when my citation to the case is still a Westlaw citation. But hey, at least you have easy access to the relevant statutes. I’m sure the parties in this matter wish they did.

Social Media Policy Update (JDSupra)

For those who don’t know, I am a big fan of JDSupra. The site offers thousands of articles on nearly every legal topic. Some articles are good, other articles are bad, and most are fairly short and straight to the point. Sifting the wheat from the chaff can be a little difficult but there are certainly nuggets of gold to be found within the constant stream of submissions.

One place to always keep your eye on is the Social Media Policy page. It is constantly updated with quality articles from quality writers who are well educated on the topic of social media and its application and effect in a variety of legal areas and scenarios. (And no, I am not one of the writers or featured authors.)

For example, this week you can learn about the NLRB’s determination that (yet another) social media policy violates the NLRA; how employers should address the increasing use of social media by employees; social media corporate policies; and plenty more.

Check the page out and consider subscribing to the news feed. The updates are generally quite germane to employers and the employment environment. The posts will definitely help you stay on top of the latest developments in social media law and best practices.

This Week in Social Media News (12/14/12)

Another roundup of the Week in Social Media News–a summary of social media news from around the web. As always, the focus of these stories is social media legal news (as opposed to the tens of thousands of stories on social media in general). Having culled through the hundreds of articles I review each week, here are some of the social media discussions I have found to be interesting and (hopefully) applicable (and I promise that more original content is on its way–but you all know how it goes right before Christmas; everyone is trying to get everything filed so they can take 2-3 weeks off between December 20th and January 10th):Social Media News

  • Social-media ownership still a gray area - Scott Horton is a partner in Jaeckle Fleischmann & Mugel LLP and the firm’s resident expert onsocial media law. While he agrees that it’s critical to have sound policies in place, he still sees many employers that haven’t addressed the specific …

It is always good to stay apprised of recent news surrounding social media, particularly how lawyers, attorneys, and other legal professionals are using social media as well as what they are saying. I hope you find this weekly installment of the previous week’s news related to social media and the law to be helpful, informative, and, in certain cases, entertaining. Let’s hope for some more good and interesting news in December!

My thanks to Google NewsBing News, and other news outlets for helping me find and share these stories.

This Week in Social Media News (11/30/12)

Here is your weekly roundup of the Week in Social Media News–a summary of social media news from around the web. As always, the focus of these stories is social media legal news (as opposed to the tens of thousands of stories on social media in general). Having culled through the hundreds of articles I review each week, here are some of the social media discussions I have found to be interesting and (hopefully) applicable:

  • Twitter in legal spat over data clampdown - Twitter Inc’s steadily tightening grip over the 140-character messages on its network has set off a spirited debate in Silicon Valley over whether asocial media company should or should not lay claim over its user-generated content…Social Media News
  • Social Media Savvy for General Counsel - Social media has complicated the management of employees and their relationships with co-workers, raising a host of legal issues for in-house counsel. The array of ways in which employees can communicate electronically has increased geometrically…
  • Avoid Vague Social Media Policies - An NLRB administrative law judge held that the employee’s social media posting about the BMW event was protected concerted activity under the NLRA because his criticisms of the food were shared by co-workers, and there was a possibility that their…
  • More Employers Creating Social Media Policies for the Workplace - As social media use continues to overlap more fluidly between the personal sphere and the business world, more employers are writing dedicated social media polices, and many are also monitoring employee use of social media sites at work, according to a …
  • Social Media in Law Practice - This is the final slide deck from my Social Media in Law Practice course for the Univ. of Dayton School of Law Digital Lawyering Program. Covering time …
  • Employer Best Practices For Social Media Use On And Off The Job - Editor: We see that this is the second annual report on social media use in the workplace from Proskauer’s International Labor & Employment Law Group. What prompted a second survey? Ornstein: Proskauer conducted a second survey on social media use …

It is always good to stay apprised of recent news surrounding social media, particularly how lawyers, attorneys, and other legal professionals are using social media as well as what they are saying. I hope you find this weekly installment of the previous week’s news related to social media and the law to be helpful, informative, and, in certain cases, entertaining. Let’s hope for some more good and interesting news in December!

My thanks to Google NewsBing News, and other news outlets for helping me find and share these stories.

This Week in Social Media News (11/16/12)

Here is your weekly roundup of the Week in Social Media News–a summary of social media news from around the web. As always, the focus of these stories is social media legal news (as opposed to the tens of thousands of stories on social media in general). Having culled through the hundreds of articles I review each week, here are some of the Social Media Newssocial media discussions I have found to be interesting and (hopefully) applicable:

  • More companies are tracking workers’ tweets, report finds - Although the number of companies that feel favorably about social media is growing, more employers are monitoring employees on sites like Twitter and LinkedIn, according to a new report onsocial media practices in the workplace from the global law …
  • Comments on social media could get you fired - Some employers and colleges across the country have even gone as far as asking their employees or potential students for their social media passwords. California recently passed a law making that practice illegal. As for Fisher, she is raising four …
  • Large law firms lack social media strategy, finds TR report - A new study has revealed that many large law firms in Australia are not providing social mediatraining for staff. A Thomson Reuters study of more than 100 senior legal practitioners across Australian firms during October found that a lack of clear …
  • Third state bars access to staff Facebook passwords - California last month became the third state to enact a law that prohibits employers from asking applicants or employees for their passwords to social media sites. Illinois and Maryland had passed similar laws earlier this year. The California bill …
  • Social Media Dos and Don’ts for Lawyers - When it comes to social media, the censor strengths for certain users might be turned down a bit too low. Sure, if you’re a teenager posting pictures of yourself in …

Some very interesting stories this week, particularly the one about law firms lacking a social media strategy and a reiteration of the common dos and don’t for lawyers and social media.

It is always good to stay apprised of recent news surrounding social media, particularly how lawyers, attorneys, and other legal professionals are using social media as well as what they are saying. I hope you find this weekly installment of the previous week’s news related to social media and the law to be helpful, informative, and, in certain cases, entertaining.

My thanks to Google NewsBing News, and other news outlets for helping me find and share these stories.