This white paper helps companies monitor and regulate their brands for trademark violations and unauthorized uses of their names.

1. IT COULD HAPPEN TO YOU
HOW UNAUTHORIZED ACCOUNTS ARE DESTROYING
BRAND REPUTATION
Point of View
November 2010
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2. SOCIAL MEDIA: FRIEND AND FOE
This paper isn’t about the staggering growth of social-networking sites. That has been well documented.
By now, we can all agree that social media, which continues to dominate industry headlines, has
become a part of consumer culture. This is evidenced by recurring statistics which cite social media’s
phenomenal growth among users of all ages.
Social media is here to stay and will only become more enhanced via features aimed at improving the
experiences of an increasing user base. As more Internet users migrate to it, the content they produce
— user-generated content such as ratings and reviews — will continue to affect brand reputations and
influence purchase decisions. That’s because social media, a product of Web 2.0, has ushered in a
fundamental shift in marketing, from businesses controlling the content to consumers now possessing
the power. On the consumers’ side is the power of word-of-mouth advertising that has the potential to
spread virally. And that can be both good and bad for businesses.
These factors, of course, are causing brands to allocate larger portions of their marketing budgets to a
burgeoning area that didn’t previously exist. Even if companies prefer not to actively engage in social
media — developing profiles and/or interacting with consumers — there are beneficial ways to utilize
this emerging space. One such way is social monitoring.
SOCIAL MONITORING: WHAT’S IN IT FOR ME?
Consumers are flocking to social media at staggering rates. A major implication of this movement is that
online participation among existing and potential customers will happen on social sites, whether or not
you’re actively participating.
In fact, social marketing marks the first time in history when brands can receive immediate feedback by
actively listening to and monitoring consumer conversations, which means it has never been easier to
know what people think. It’s no wonder that more companies are adopting the mantra of “Go where the
consumers are.” But being unavailable on the platforms to which consumers are flocking could result in
missing valuable insights into your:
Brand/company.
Products/services.
Competitors.
Industry.
Now more than ever, Facebook posts, Yelp reviews, Amazon ratings, blog comments, tweets and more
provide immediate insights into the minds of consumers, as well as the associated brand sentiment and
buzz. The knowledge gathered from monitoring such user-generated content can help gauge:
The general level of customer satisfaction with your brand.
Product feedback and the need for product development.
Brand issues being discussed on the Web (and how to handle those issues).
Opportunities for engagement (i.e., identifying the social platforms used by potential and
existing customers).
Where brand advocates are gathering or where they could be cultivated.
How peer recommendations are affecting purchase decisions.
What competitors are doing in the space, as well as what is being said about them.
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3. One of the biggest benefits of social monitoring is staying current with negative mentions concerning
your brand. It is important to note that negative ratings and reviews should not feared, as studies have
indicated that unsatisfactory sentiments can actually improve a company’s credibility. After all, if a
consumer only sees positive content during the research/search process (prior to making a purchase
decision), he or she may question the legitimacy of the reviews.
It’s true that even negative ratings and reviews from honest consumers can positively influence a
purchase decision. Such consumers are merely expressing their opinions on public sites to inform peers
regarding their future purchases. Typically, the intent is rooted in education, not maliciousness.
Unfortunately, a few bad apples can spoil the whole bunch. With consumers now possessing the power
of content marketing, there is no limit to what can be said and spread about you. And some social-
media users will stop at nothing to kill your brand’s reputation.
USER-GENERATED CONTENT: MURDER IN THE FIRST DEGREE
We’ve all seen them: unofficial blogs started by disenchanted consumers or disgruntled employees who
go to extremes (even profanity) to publicly spite and slander companies.
Or the Twitter and Facebook accounts designed to resemble officially branded pages, complete with
screen names and logos to make other users think such accounts are legit.
Or perhaps you were among the millions who viewed the viral video of two Domino’s Pizza employees
who filmed themselves conducting unpleasant acts to food they were preparing.
And the list goes on.
In an age when content can be created and shared with quickness and simplicity, fake social accounts
can pop up anywhere, with the intent to mislead others through unauthorized use of trademarks,
messaging, etc. Whether marketers are eager to dive into the social-media pool or they prefer a hands-
off approach to their social-media presence, all brands need to be cautiously aware of potential dangers
lurking just below the waters — those looking to destroy and cast dark shadows upon brand
reputations. Call them posers, hackers or whatever you want — they’re out there, ready and plotting to
kill your brand.
Thankfully, social monitoring can act as your preventive recourse.
By monitoring the mentions, buzz and sentiments that are circulating the World Wide Web, you’ll have a
better understanding of the good and the bad about your brand. Moreover, social monitoring can tip
you off to unauthorized accounts, profiles and pages that have been created with the evil intent of
discrediting your brand.
For example, we at TMP Directional Marketing and 15miles recently conducted an online brand analysis
for a particular client, only to discover that a defamatory Twitter account had been created — complete
with unauthorized treatment of the trademarked name and logo. While that client was not actively
engaging in social marketing with us, we brought the situation to its attention. This underscores the
importance to engage in social monitoring, regardless if you have an active presence in social media.
Why? As stated earlier, conversations in the social space will happen, regardless if you’re paying
attention.
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4. Regarding this case, Twitter has a strict policy on trademark violations, which is defined as follows:
Using a company or business name, logo or other trademark-protected materials in a manner
that may mislead or confuse others with regard to its brand or business affiliation may be
considered a trademark policy violation.
In such cases, brands may report violations to Twitter by submitting online tickets. After careful review,
Twitter suspends unauthorized accounts; then, it notifies the account holders. If such an account is
deemed confusing to readers but is not purposefully passing itself off as a trademarked brand, the
account holder is given an opportunity to clear up any potential confusion, which may result in a new
username.
Seem fuzzy or unclear? That’s because there is a fine line between what is permissible and what is not.
Employing another’s trademark for purposes that have nothing to do with the products or services for
which the trademark was granted is not a violation of Twitter’s policy. Because of that, you will see a
plethora of so-called “fan accounts” on Twitter, enabling users to generate and share a wide range of
content associated with brands, celebrities, athletes and more.
If a fan account, for example, does not have trademark rights, it must clearly state that it does not
actually represent the respective company or business entity. Twitter gives a few suggestions for setting
apart fan accounts from authorized brand accounts:
The username should not be the trademarked name.
The profile name should neither be the trademarked name of the company nor include the
trademarked name in a misleading manner.
The biography should include a statement to distinguish it from the actual company (e.g.,
“Unofficial account of…," "Fan account of…" or "Not affiliated with…").
The account should not use another’s trademark, logo or other copyright-protected image
without express permission.
The account should not, through private or public communication with other users, try to
deceive or mislead others about an identity.
CONCLUSION
Brand monitoring and assessment are must-haves in today’s age of user-generated content. That’s
because gone are the days when companies controlled the distribution of messages through specific
media channels. Therefore, companies need to be aware of what is being posted about them on blogs,
social-networking sites, ratings and reviews portals, and more.
Truth be told, the benefits of social monitoring far outweigh the drawbacks. In fact, there aren’t any
drawbacks. The insights into your brand — from overall buzz and competitor sentiments to product-
development ideas and customer-service issues — provide a telling picture of how consumers see your
products and/or services. By gaining a glimpse into the consumer’s world, you can better connect with
your target audience, engage in conversations and build a community of loyal followers.
Furthermore, a social-media assessment can help shape a business’ overall search-engine-marketing
strategy. For example, being clued into consumers’ needs and feelings, as well as how they
communicate, can shape the content — keyword terms and phrases — you use in pay-per-click
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5. campaigns. In terms of organic search, social monitoring provides a glimpse into the keywords to target
for better brand positioning on search-results pages.
Full-service, interactive-marketing firms like ours are able to meet your needs in the social-media
landscape, including:
A social-media assessment and report so you know where you stand in this space.
Ongoing social monitoring.
Recommendations for next steps, platform utilization and optimization.
Campaign creation, including development and tactical implementation for social engagement.
Creation and/or optimization of social profiles, pages, etc.
Program management, including recommendations for community building, engagement and
growth.
If you’re a small-business owner and/or have a limited marketing budget, easily accessible and
affordable (even free) tools provide alternatives to a marketing firm. Some buzz-monitoring solutions
include:
Google Alerts
Addict-o-matic
BlogPulse
BoardTracker
HowSociable
Keotag
Technorati/Twittorati
TweetDeck
With the help of such monitoring tools, you’ll be able to stay current with the brand conversations that
are sweeping the Internet. And when unauthorized accounts get created under your brand name, you’ll
be at the forefront of the situation before extreme damage can be done to your brand. As more
consumers gravitate toward social media, the power of viral messaging will be unleashed with greater
intensity, which means you’re watchdog monitoring of the social landscape will continue to play a
prominent role in your branding and marketing.
Consumers may control the messaging, but only you can control proper use of your trademark and how
to react in the face of defamatory content.
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6. About Us
TMP Directional Marketing | 15miles
From the first Yellow Pages advertisement to comprehensive local-search-marketing strategies, TMP
Directional Marketing (TMPDM) is an experienced leader in the industry. In 1967, our agency was the
first to recognize the potential of Yellow Pages advertising. In the 1990s, we were the first to develop
interactive-advertising solutions, due to our affiliation with Monster Worldwide. Today, we are the
largest local-search agency, working in tandem with our interactive-services division 15miles to offer
online-, offline- and mobile-search solutions. Our clientele consists of top national brands and more
than 100 of the Fortune 500 companies, who rely on us to position their brands at the forefront of
consumer searches through print advertising, Internet Yellow Pages, social media, and mobile and
search-engine marketing.
Headquartered in New York City, we apply the advantage of national scope and the personalization of
local perspective to our integrated marketing campaigns. Over the years, we’ve built an industry,
underscored by our understanding of local-search marketing better than any other agency.
Contact
For more information about social monitoring or our comprehensive marketing services, please contact
us at 866-738-4127, or visit us online at tmpdm.com or 15miles.com.
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