Posts Tagged: "Eric Ball"

The Legal Reality of Social Media IP: Who Owns What?

Today, as social media becomes more essential for businesses, there will almost certainly be an increase in intellectual property disputes about social media account ownership. Lawsuits relating to Twitter followers, LinkedIn connections, or Facebook friends are not off limits. These intangible assets — social media IP assets — are becoming increasingly more valuable to businesses… According to Ball, companies should be clear about who owns a social media account and what an employee can do with the account… Sarfati says that employers also need to recognize that social media is not just one thing – but rather a grouping of various websites that represent unique threats and opportunities to the employer’s bottom line.

Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam

Lauren Emerson, Baker Botts, LLP: “Today’s decision, while not surprising, is momentous, as any decision striking a longstanding legislative provision based on freedom of speech would be.  From a trademark practitioner’s perspective, Matal v. Tam is also remarkable in that it is the second decision in just over two years in which the Supreme Court specifically has taken note of the importance and value of trademark registration.   The decision has drawn additional attention as it undoubtedly marks the end of Pro-Football, Inc. (“PFI”)’s longstanding battle over its REDSKINS marks, as 2(a) will no longer bar registration of those marks either.   I have little doubt that in the weeks and months to come, we will see many new filings that will be more challenging to celebrate than Simon Tam’s hard-won victory.”