March 21, 2023

Volume XIII, Number 80


March 20, 2023

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Sell-abrating Sensibly re: Social Media Campaigns

The holiday season is in full swing, which means brand owners and merchants are seizing the opportunity to capture cyber market share via social media campaigns. 
While social media can be a great way to quickly generate brand buzz, you may want to take heed of the following seven tips to make sure your holiday social media campaign doesn't turn into a big bah humbug:



No Special Rules Apply – social media campaigns are not exempt from trademark infringement, false advertising, copyright, and right of publicity laws.  Do not say anything or use any images in a social media context that you wouldn't put in print.




Register company and key brand names as social media user names on popular social media sites such as Facebook, Twitter, and Instagram.




Monitor social media sites for uses of confusingly similar names by third parties selling counterfeit goods, or using your trademarks in a way that creates negative publicity or a false association with your brand.




Keep it Positive – Negative social media posts about a competitor often backfire, and rarely have the intended benefit of improving the poster's own reputation.




Hashtag #careful – Avoid making a social media faux pas; research and be sure you understand the meaning of viral hashtags before using them in your own social media postings.




A Warning About Current Events  Avoid capitalizing on current events and/or tragedies. Instead, take time to thoroughly develop marketing campaigns that will speak to consumers regardless of timing.




Not Always Sweet to Retweet – As tempting as it may be to retweet celebrities’ or politicians’ tweets, such seemingly innocuous tweets/retweets may have a polarizing effect on consumers/social media followers, or create potentially damaging false associations.

© 2023 Sterne KesslerNational Law Review, Volume V, Number 336

About this Author


Ms. Olson is a senior paralegal in the Mechanical Group, where her work focuses on design patent, trademark, and copyright matters.  She has significant experience in the preparation and prosecution of design patent applications, as well as enforcement and portfolio management of design rights both in the US and abroad.  Ms. Olson has assisted clients in securing comprehensive IP rights for a variety of products, including software, electronic devices, packaging, and consumer goods.


Ms. Dalier is an associate in the Trademark, Advertising, and Anti-Counterfeiting Practice.  She focuses her practice on trademark portfolio management, prosecution, and matters before the Trademark Trial and Appeal Board. She counsels clients on mark selection, clearance, and on the creation and maintenance of trademark rights worldwide.  She conducts due diligence reviews of intellectual property assets, and works with clients on domain name monitoring and trademark enforcement. With more than ten years of experience in trademark law, she is well versed in all aspects...

Monica Riva Talley, Trademark Attorney, Sterne Kessler, Law Firm

Monica Talley brings more than 17 years of experience protecting some of the world's most recognizable brands to her role as a Director in the firm’s Trademark practice.  Ms. Talley specializes in strategic trademark counseling and portfolio management, developing anti-counterfeiting solutions and strategies, and trademark enforcement. 

Ranked as one of the leading trademark prosecution and strategy attorneys in Washington, DC, Ms. Talley is particularly noted for her global brand protection and commercialization strategies, and is lauded by clients for utilizing “her broad IP savvy...