INTA 2015: Keep an eye on emerging markets, Facebook warns
Facebook’s associate general counsel has warned brand owners to keep an eye on emerging markets as internet growth is outpacing legal developments in some jurisdictions.
Christian Dowell was speaking during a session at the International Trademark Association’s (INTA) annual conference in San Diego that centred on how trademark rights have altered with the emergence of social media and the internet.
Asked about what he thought brand owners could expect in the near future, Dowell said they should be vigilant in monitoring emerging markets, as territorial boundaries have become more difficult to police.
He said: “More and more places are developing in terms of their access to the internet and everything it brings. But while this has changed in some places, their intellectual property laws have remained in a more nascent state.
“You have to be careful to register your rights in those states and pay close attention to the IP laws to ensure protection.”
Before that, Dowell was discussing methods of detecting potentially infringing mobile apps and websites.
He mentioned software tools available to practitioners including App Annie, which provide listings of potentially infringing apps and websites and trademark searching service TrademarkNow.
“You are looking at around 200 potential targets a day,” he explained.
“You have to decide what is the most damaging to a brand, how much revenue the potentially infringing product is generating.”
Also during the session, delegates heard from Frank Goldberg, corporate general counsel for IP at online games company Zynga.
Goldberg spoke about the dangers of genericide and the differing strategies brands use when referring to themselves online.
Referring to the example of Google, Goldberg noted that the company has not started placing an “r” or “™” sign next to its name despite the company potentially being liable to genericide.
Although Google is a huge brand and probably not in danger yet, Goldberg said, it may be a “useful tool” for a company facing potential genericide to reinforce the message that it still has a registered mark.
The INTA conference runs from May 2 to 6.
