To tweet or not to tweet: advice on social media

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

To tweet or not to tweet: advice on social media

There is a big misconception about Twitter, said the company’s Global Brand Protection Manager, Jillian West, during yesterday’s In-house Practitioners Workshop.

“People hear Twitter and they think about their own trademarks and get angry,” said West. “But social media can be the victim too.”

While many trademark owners view sites such as Twitter and Facebook as threats, West said it is important that people remember there are policies in place to help, and outlined her company’s own strategies for tackling impersonators and infringers. For example, West managed to get Twitter Latina, Twitter Français, Teen Twitter and Twitter Korea all taken down without having to pursue legal action. “We always reach out directly first, and in almost all instances that works,” said West.

In the case of Teen Twitter, the site was set up by a well-meaning teenager who wanted to target his own demographic. It took a lot of back and forth and explanation of trademark and IP rights to get it taken down, but West said that it was well worth the effort. “We avoided the PR disaster of being viewed as a bully,” she said.

While Scott Augenbaum of the Federal Bureau of Investigation pointed out that social media can be a gateway to crimes such as identity theft, Adam Palmer of Symantec Corporation stressed that living in fear of social media sites is the wrong approach. “These are good systems that are being abused,” he said. But the scale of the abuse has many lawyers’ and in-house counsel trembling all the same. According to Palmer, there was US$308 billion lost to cybercrime last year, and more victims of cybercrime in 2011 than newborn babies.

Despite the numbers, Palmer said that banning social media is not the answer. For many brands it is not even an option, since platforms like Facebook, Twitter and Pinterest are quickly becoming an integral marketing tool.

Karen Webb of Fenwick & West said there is a balance that can be achieved between social media platforms and brand owners. The key points are to have the proper policies in place, to be an “early adapter,” to utilize platform policies and to carefully consider when to potentially embrace or simply ignore infringement or impersonators. Staying on top of such issues can help brand owners to use social media to gain competitive advantage.

“The reality is that cybercriminals move at the speed of light, but we move at the speed of law,” said Palmer.

more from across site and SHARED ros bottom lb

More from across our site

Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
Gift this article