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Social Media: Tips for Brand Management and Crisis Management
Johanna Wilbert, Partner
• Intellectual Property Strategic Counseling
• Intellectual Property Litigation
• Patent Litigation
• Trade Secrets & Unfair Competition
SOCIAL MEDIA: Tips for Brand Management and CrisisPresented by: Johanna Wilbert, Partner
Why does it matter?
218
Social Media Impacts Brand Value
219
Celebrity Images
220
Jordan Awarded $8.9 Million
221
Co-brand With Permission
222
Invasion of Privacy
223
FTC Recommends Disclosure
• "Determining whether followers are aware of a relationship could be tricky in many cases, so we recommend disclosure."
• Disclosure can be accomplished through post language or the inclusion of hashtags, for example:• #ad
• #sponsored
• #promotion
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Reactvertise With Care
227
Handling Real Time Advertising
228
Handling Real Time Advertising
229
Handling Real Time Advertising
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Handling Real Time Advertising
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• In his Academy Award acceptance speech actor Matthew McConaughey referenced that his father was a Miller Lite beer drinker
• The Miller Lite team heard the reference and crafted the below response:
Handling Real Time Advertising
232
Top Tips
• Check hashtags for trademark use
• Evaluate celebrity right of publicity
• Blur or remove trademarks in images
• Disclosure of advertisement/sponsorship
• Evaluate scope of permission granted
• Obtain rights for background music used
• Consider rights of minors or customers
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Before A Crisis Occurs
• Monitor social media
• Have a social media plan
• Prepare pre-approved statements
• Run a fire drill
• Respond to take down requests promptly
• Evaluate what standards to use for deleting or commenting
235
Have Mechanism to Stop
236
After A Crisis Occurs
• Respond in the venue where the crisis is
• Do not argue
• Document and preserve all related posts
• Acknowledge the issue
• Respond in a timely manner
• Consider alternative forum for follow up
• Change the narrative
237
Avoiding A Social Media Crisis
238
Rogue tweet from @RedCross:“Ryan found two more 4 bottle packs of Dogfish Head’s Midas
Touch beer . . . when we drink we do it right #gettngslizzerd”
Red Cross Avoided Fallout
• Acknowledged the problem
• Took action
• Stayed true to tone and message throughout
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