How to harness social media

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

How to harness social media

Facebook and Twitter are becoming more important for trademark counsel every day, yet the law is still uncertain. Simon Crompton explains how a hypothetical consumer product could produce some useful recommendations.

Social media have become the dominant theme of the age. But it is only in the past few years that trademark lawyers have realized how much Facebook, Twitter and the rest will change their profession.

Social media bring brands much closer to their customers. This has many benefits, but it also means legal action—including attempts at trademark enforcement—has marketing and PR ramifications that it rarely had in the past.

Tomorrow’s panel, led by Scott E. Thompson of Greenberg Traurig, will be structured around a hypothetical example, with speakers laying out the issues that a consumer products company faces when launching a new brand and attempting to harness the full force of social media.

The company plans to not only promote the product, but also run a competition online and talk pro-actively to its consumers. The scope of the campaign—and so the session—will be broad, taking in mobile devices, apps, blogs and push-direct marketing techniques.

“At every stage we will compare the strategy of this hypothetical company to successful strategies others have employed in the real world,” says Thompson. One example is Thompson’s client Evian, which launched an advert for its bottled water online back in 2009 featuring babies on roller skates dancing to rap music, all created through CGI technology. The international version has now had 55 million views, the US version 17 million.

“That was just launched online, to kind of stick a toe in the water and test reaction. Now more and more brands look to social media first,” says Thompson. There was also a ‘making of’ video for the advert, which had 5 million views, and last year Evian made a follow-up, the Director’s Cut, showing adults in T-shirts with baby prints.

Such strategies are cheaper, more flexible and reach a broader audience than traditional advertising. The legal risks, however, are equally broad, with the potential for criminal sanctions in almost any country where the internet is accessible.

Elliot Basner at Diageo, who is also speaking on the panel, says this is a particular issue for his company. “As a drinks company you need to be very sensitive to how the law varies between jurisdictions,” he says. “The question is, what do you do when something involving the company on social media is fine in 20 countries but at risk in another 30?”

But while the law is developing, countless examples and horror stories point the way for dealing with social media day to day. First, think global. An isolationist attitude is impossible to maintain given the scope of the Internet; you need to think outside your normal jurisdiction. Second, think outside the box. “Because the law doesn’t address the issues, you need to have a creative legal mind and look at what is a reasonable extension of the law,” says Thompson. Third, do a risk analysis exercise in advance. Consider all the cultural risk, PR risk and legal risk in various countries and anticipate as much as you can.

In the end, though, when a law is in transition the most useful resource is other lawyers. Their experiences and recommendations for what has worked for them are invaluable. Thompson refers to this, and in particular the audience at INTA, as the “brains trust” of trademark experts. “We will find out through discussion, through argument and most importantly through the questions we get from the audience, how social media is living and working around the world,” he says.

CT50: Social Media—An Ever-Changing, Challenging and Competitive World takes place tomorrow at 3:30 pm in room 146 ABC

more from across site and SHARED ros bottom lb

More from across our site

Sheppard has added quantum and robotics expertise to its AI industry team to help clients navigate questions around inventorship and IP infringement
The 2026 Americas ceremony recognised outstanding firms and practitioners, along with highlighting impact cases of the year
A development concerning Stephen Thaler’s AI copyright application in India and an integration between IPH group firms were also among the top talking points
As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Kilburn & Strode and Mewburn Ellis are just two firms that have invested heavily in office space – a sign that the legal industry is serious about in-person working
In major recent developments, Dyson snagged another win against Hong Kong-based competitor Dreame and a new AI-powered UPC platform was launched
Mohit and Sidhant Goel decided not to pursue an interim injunction application so that their client, Communications Components Antenna, could benefit from a fast-track trial
Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Gift this article