Social Media Law : Legal Considerations in Social and Mobile Marketing Campaigns

Social M Media Cam mpaign Lega al Consider rations Social W Wendy Gro oup Legal R Resource :: Elizabeth DeConti|G Gray Robin nson Legal Con nsiderations in Social and Mobile Camp paigns The followwing are impoortant "issue‐ ‐spotters". Th his list does n not include an ny and all lega al issues invol lved in a social l or mobile ca ampaign, but these considerations are a a good beginning. The firstt group addreesses intellectual property is ssues, and the e second grou up address co onsumer prot tection issuess. Intellectu ual Property Issues Use a brand icon for yo our campaign n that you can n legally prote ect and enfor rce. If you have a distinctiv ve brand tha at is protected d with a federally registere ed trademark k, use it as a c consistent symmbol on your twitter paage, company y Facebook fa an page, etc. tto put everyoone on notice that these sit te pages are yours. If y your brand is not protecte ed with a trad demark registration and yo ou believe it t to be unique, use it consiste ently to attain n "first use" status. If you are starting a a new busines ss or creating g a new logo f for your curre ent business, investigate to make sure that you are not infringing g upon the tra ademark righ hts of others. Make you ur hashtags co onsistent with h your legally y protected br rand, and use e them togeth her. Remembe er that social networking ssites have trademarks too. reating an application or o . If you are cr other campaignn that involvess LinkedIn, Fa acebook, Twit tter, Foursquaare, and/or all the rest, remember that t all of these a are strong pro otected brand he site's branding guidelines before add ds. Consult th ding a logo to o your own site to make sure you aree doing it corr rectly. Consider wwhether you need an intellectual prope erty license if f you are crea ating an application using o one of the soc cial networkin vice and branding guidelines should add ng sites. The terms of serv dress the circumstaances under w which such a l license wouldd be needed. Consumer Protection Issues Be cautious about targ geting minors, even inadveertently. Som me states have e restrictive c child protectio on laws that place restrict tions on mobile communic cations to houuseholds wheere minors livve, even if tho ose communications are directed at the eir parents. C Consider build ding safeguarrds into your ccampaign to avoid targeting a minor audience. Be cautious about priv vacy concerns s. When you design a mob bile campaign n, for example e, include clea ar language for the consu ume on opt‐in n and opt‐out t. If your cam mpaign involv s or coupons on consumer ves discounts r goods, be co ognizant of state specific b below cost sale p provisions wh hich may dictate the levels s at which discounts may bbe offered. If your cam mpaign involvves discountss or coupons on regulated products suc ch as dairy foo ods, alcohol beverages s, tobacco, or r fuel product ts, be aware t that additiona al restrictions s may apply. 1 The Social W Wendy Group p™ : Social Me edia Law‐ Leg gal Considerations in Socia al and Mobile Campaigns Authored bby: Elizabeth D DeConti – Graay Robinson E Elizabeth.DeC Conti@gray‐ro obinson.com

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Social Media Law : Legal Considerations in Social and Mobile Marketing Campaigns

by The Social Wendy Group | Global Digital & Social Strategy for Marketers on May 20, 2010

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Social Media Law : Legal Considerations in Social and Mobile Marketing Campaigns Document Transcript