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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, August 2, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide IP counsel on combating the sale of counterfeit goods on social media platforms. The panel will discuss best practices for building intellectual property rights and preparing for social media anti-counterfeiting programs, submitting takedowns, platform immunities, safe harbors, and overcoming rejections. The panel will also address counter-notifications and alternatives to takedowns, including cease and desist letters, fair use and First Amendment rights (under copyright, trademark and right of publicity laws) and litigation (both recent cases and tends).

Faculty

Ian C. Ballon
Shareholder, Co-Chair Global Intellectual Property & Technology Practice Group
Greenberg Traurig LLP

Mr. Ballon is an intellectual property and internet litigator. He represents clients in copyright, DMCA, trademark, trade secret, right of publicity, privacy, security, software, database and internet- and mobile-related disputes and in the defense of data privacy, cybersecurity breach, adtech and behavioral advertising, TCPA and other internet-related class action suits. Mr. Ballon is the author of the five-volume legal treatise, E-Commerce and Internet Law: Treatise With Forms 2d Edition (West 2008 & 2022 Cum. Supp.)

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Britt L. Anderson
Partner
Perkins Coie

Mr. Anderson advocates for clients before U.S. federal courts and the U.S. Trademark Trial and Appeal Board, and he frequently assists his clients in developing strategies for multijurisdictional trademark enforcement, defense, and protection before trademark offices around the world. During his nearly 20 years as a business advisor to brand and IP owners on their legal strategies and enforcement programs, he has addressed such issues as trademark and copyright infringement triggered by online and offline activities, cybersquatting and domain name claims, rights of publicity, trade dress, three-dimensional trademarks, anonymously posted content, copyright protection for software and visual works, negotiation, sale and acquisition of trademark rights, distribution of mobile content, and privacy and online advertising issues.

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Description

Sellers of counterfeit products have diversified their business model to focus on selling fake goods through social media platforms. This is partly due to marketplaces like Amazon and eBay creating programs to combat the sale of counterfeit goods on their sites.

For example, vendors have used platforms to sell counterfeit iPhone batteries, accessories, and cables. As a result, Apple has removed over one million listings for counterfeit and fake products. Takedowns can provide instant relief for brand owners by removing a serious threat from the internet. Even if a takedown is executed, brand owners and their counsel should consider additional legal action against counterfeiters, such as cease and desist letters or litigation.

It is critical for companies and their counsel to know how to remove knockoff products from social media platforms and take actions to stop counterfeiters while also understanding platform immunities and safe harbors, as well as fair use/First Amendment issues that also apply to many uses in social media.

Listen as our authoritative panel of IP attorneys examines conducting social media searches, submitting takedowns, platform approaches to takedowns, and overcoming rejections. The panel will also address counter-notifications and alternatives to takedowns, including cease and desist letters, fair use and First Amendment rights (under copyright, trademark and right of publicity laws) and litigation (both recent cases and tends), and litigation.

Outline

  1. Safe harbor, takedowns, and counter-notifications
  2. Preparing for anti-counterfeiting enforcement on social media
    1. Building and developing rights
    2. Searching social media
    3. Reporting and submitting takedown requests
    4. Overcoming rejections
  3. Respond to and leverage counter-notifications
  4. Alternatives
    1. Cease and desist letters
    2. Targeted lawsuits
    3. Understanding fair use/ First Amendment limitations under copyright, trademark and right of publicity laws (including litigation trends and recent cases)

Benefits

The panel will review these and other key issues:

  • How can brand owners leverage notice and takedown procedures to fight the sale of counterfeits on social media platforms?
  • What alternatives are available to stop online brand infringement?
  • What are the limits on enforcement imposed by fair use and First Amendment rights?