Strategic opportunities: an introduction

Brands across all industries must develop a robust, multifaceted social media strategy to combat the emerging risks identified in this report. As the online landscape continues to evolve, so too do the challenges posed by counterfeiters, influencers, crises, fans and new channels for connectivity. Tailored strategies aimed at safeguarding brand integrity on social media platforms are essential for maintaining consumer trust, preserving brand reputation and ensuring long-term protection.

Christian Louboutin’s in-house counsel discuss their approach to combatting counterfeiters across social media platforms. From leveraging reporting and takedown mechanisms to engaging in joint lawsuits, the team outlines its proactive efforts and stresses the importance of collaboration between brands and social platforms themselves.

When it comes to collaborating with influencers on those platforms, Parlux Holdings general counsel Jessica Cardon sheds light on the complexities of negotiating partnership agreements to maximise returns. Cardon advises on how to negotiate royalty rates, contractual obligations and termination rights in a world where influencers are increasingly transitioning to building their own brands alongside those they are paid to promote. Crucially, she also explains when to walk away.

We examine the critical role that social media plays in brand crisis management. Using brands such as Boeing and Samsung as case studies, we explore the impact of social media messaging on brand reputation and the importance of timely and appropriate responses. However, we also stress the importance of knowing when to respond to social media controversies – and when not to, highlighting the potential consequences of engaging with every instance of criticism online.

Household names Kleenex, Polaroid and Velcro have taken their social media messaging even further, leveraging social media channels to combat genericism and educate consumers about proper trademark use. We reveal how brands can follow in the footsteps of the likes of Velcro and its famous “Don’t Say Velcro” YouTube video and combine legal IP education with marketing in order to reach millions of viewers.

One brand that knows how to amass an incredible social media following is WWE. Vice president of intellectual property Matthew Winterroth reveals how the brand strategically engages with over 1 billion followers while tackling issues such as impersonation and piracy. Keeping education front of mind, Winterroth emphasises the need for fans to understand IP laws, for brands to engage with social media companies, and for rights holders to employ manual and automated monitoring techniques.

Looking ahead, we uncover the five emerging platforms that every brand owner should have on its radar. We identify the unique features of each platform and the challenges that they may already be posing for brand professionals. Ultimately, these platforms are shaping the future of social media and presenting new opportunities and risks for brand protection, underscoring the need for brand experts to remain agile and proactively monitor activity on these increasingly popular sites.