Bass, Berry & Sims attorney Paige Mills authored an article for InsideCounsel on the ways owners can enforce their IP rights by using a more measured approach in today's marketplace full of social media outlets. In the article, Paige references examples of brand owners that used social media campaigns to try and stop alleged IP abusers, and in the process were labeled as "bullies." Before considering this approach, Paige suggests IP owners ask themselves a series of questions before deciding to "wake the Internet." If action is warranted, Paige recommends writing a letter to the alleged brand abuser and keep in mind the following guidelines:
- Write a letter that is well tailored to the facts of the current situation.
- If the other side has an arguable defense, address that defense on the front end and state clearly why it would not apply.
- Provide picture evidence.
- Do not make unreasonable demands.
- Do not claim that the letter is subject to copyright and that you will sue the recipient if he or she publishes the letter.
- Do not explicitly threaten to sue the alleged infringer.
- Do not give a drop-dead date for response.
- Follow up.
The full article, "How to Enforce Your IP Rights Without Waking the Internet," was published by InsideCounsel.com on April 27, 2016, and is available in the PDF below.
This content is part of a series of articles focused on intellectual property issues published by InsideCounsel.com and authored by Bass, Berry & Sims attorneys. Click the links below to read other articles in the series.
- "Can You Hear Me Now? How to Make Your Trademark Slogan Heard Over the Crowd," InsideCounsel.com (March 23, 2016)
- "(Don’t) Go Phish: IP Considerations Amid the Rise of Business Email Scams," InsideCounsel.com (April 6, 2016)
- "You Successfully Registered Your Trademark. What's Next?," InsideCounsel.com (June 21, 2016)
- "Using Social Media to Defend Against the Trademark Bully," InsideCounsel.com (July 19, 2016)
- "Get Ahead of the Game: The Impact of the New EU Data Protection Law," InsideCounsel.com (August 2, 2016)