How to Avoid Social Media Pitfalls: Insights from David Slossberg
06/28/2024David Slossberg, a partner and business litigation attorney at HSSK, recently authored “Today's Business: Avoiding Pitfalls of Social Media,” published in Hearst publications throughout Connecticut. This insightful piece is essential for businesses integrating social media platforms into their digital marketing strategies.
One Burning Question: Do posts that use other people's or businesses' content violate their trademark under the Lanham Act? The Lanham Act is a federal law that establishes a national trademark registration system to help protect against the use of similar marks that could cause consumer confusion or dilute a famous mark. To violate another's trademark rights under the Lanham Act, it must be established that the use was in “commerce” rather than for personal use with no connection to sales or business activities. The courts are sorting through the dos and don’ts in this evolving area.
While the risks for businesses navigating social media are many, they are manageable. Therefore, don't shy away from using social media. Embrace it, but do so armed with the right information.