The issue of content and data ownership is pushing brands away from Facebook and on to their own microsites and other social media channels, writes Adweek. You may have noticed that some companies are posting less original content on Facebook, while featuring more reposted content from other social media sites.

Brands have already seen a decline in audience reach on Facebook over the past 12+ months and now they’re looking for channels where they have more control over their content and data. “Brands don’t own what happens on Facebook, and as organic reach has been absolutely eviscerated, they remain aware of that,” said Forrester analyst Nate Elliott, who noted that marketers have been telling him they no longer see Facebook as a viable marketing channel.

Maura Tuohy, social media director at Eleven Inc. told Digiday: “…we do think Facebook’s move over the past few years toward reducing organic reach (as well as their hesitancy to share data) has caused agencies and brands to further diversify their social platform strategy.”

Some companies are using Facebook to drive consumers to their own fully owned and operated microsites, while others are shifting emphasis to other social media channels. EA Sports, for example, created a microsite called the Giferator, where visitors can customize shareable GIFs, to promote its Madden NFL 15 video game. The company used Facebook to drive traffic to the Giferator. Earlier this year Revolve Clothing began encouraging customers to take photos of themselves wearing Revolve merchandise and then posting it on Twitter and Instagram with the hashtag “REVOLVEme.” Since February, Revolve has accumulated more than 60 million impressions of the #REVOLVEme hashtag.

Encouraging customer interactivity and harnessing customer-generated content are top priorities for social media marketers and “renting” space on Facebook means less control of both content and the look and feel of a brand. Brooks Thomas, AT&T’s director of digital and social media, summed up the situation in Adweek: “By and large, I view owned spaces as the farm and rented spaces as the market where you sell the crops—you can personalize your stall, but you can’t design the market.”

How are your social media plans changing for 2015?

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Luxury retailer Cartier is seeking an injunction in the U.K. High Court of Justice against Internet service providers (ISPs) it claims are infringing on the company’s trademarked logos in counterfeit sales activity. It’s been reported that this is the first case where a company has demanded that websites be blocked over the use of trademarks, rather than over copyright infringements.

The complaint names Britain’s largest ISPs, including BSkyB, BT, EE, TalkTalk, and VirginMedia, who issued a joint statement acknowledging that Cartier’s claim raises “important and untested legal issues including whether ISPs should be ordered to block websites which sell trademark infringing goods.” The statement went on to say: “We think that it’s right for this question to be subjected to the scrutiny of the courts.”

The justice hearing the case has requested more information about the effect of injunctions on Internet users. The U.K-based Open Rights Group (ORG) has raised concerns about free speech and the long-term implications of trademark blocking. An attorney for ORG said: “A whole website could be blocked just because of the activities of a few sellers. Or a rights holder may threaten to apply for an injunction on the pretext of an alleged infringement when all that is happening is unwelcome consumer criticism or parody.”

According to The Drum, legal counsel for the ISPs has rejected the notion of blocking access to websites, citing the fact that there are other legal remedies that Cartier can use to pursue counterfeiters.

A spokesperson for Cartier’s parent company, Richemont, gave Wigs And Gowns the following statement: “This action is about protecting Richemont’s Maisons and its customers from the sale of counterfeit goods online through the most efficient means, it is not about restricting freedom of speech or legitimate activity. . . Richemont’s ultimate desire is to work with other responsible intermediaries, as it has done so in the past, to promote a secure, stable and trusted Internet and to stop the sale of illegal counterfeit goods online through the most efficient means.”

What do you think the outcome of this case will be?

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Most Googled Brand Name List Has a Few Surprises

September 25, 2014

Tweet You might not be surprised that the most Googled brand name in Kentucky is KFC, but could you ever have anticipated that the most Googled brand in New Jersey is … wait for it … Hellman’s Mayonnaise? Some regional connections in the Most Googled List make perfect sense: Disney is tops in Florida (thanks […]

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The Explorers Club/Diageo Trademark Dispute Ends With a Sponsorship and Licensing Agreement

September 24, 2014

Tweet An ongoing trademark dispute between Diageo and The Explorers Club over the Johnnie Walker Explorers’ Club whisky collection has come to an end with a sponsorship and licensing agreement announced between the two parties. According to The Explorers Club website, the agreement “ensures the continued protection of the history, tradition, and strength of The […]

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“Starwars House” — That’s an Interesting Name

September 22, 2014

Tweet While reading Fast Company’s article about the “Starwars House,” which was designed by Korean architecture firm Moon Hoon, we paused to say “interesting brand name.” Over the past couple of months there’s been a lot written about this so-called “starwars” house in design publications with most of them stating that the building was “inspired by […]

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New gTLD Update: .PARIS, .PIZZA, And .OOO

September 17, 2014

Tweet Highlights:  This week, we see the launch of: One new Rightside ‘Regulated’ TLD (.ENGINEER) The geoTLD .PARIS, with TMCH-validated trademarks now having first priority during launch Two new TLDs for the Galician linguistic and cultural community (.GAL) and Basque (Euskara) language  community (.EUS) Four new Donuts TLDs (.PIZZA, .IMMO, .BUSINESS and .NETWORK) .OOO  Furthermore, […]

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Hiker Logo Spurs Brewery Trademark Infringement Suit

September 17, 2014

Tweet You’ve probably heard the proverb: “Speak softly and carry a big stick.” Well, two American breweries use logos featuring a hiker carrying a big stick and one has raised its voice in the form of a trademark infringement suit. Vermont’s Long Trail Brewing Co.’s logo features a hiker carrying a backpack and a stick: […]

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New TLD Update: Navigating Somebody Else’s Gold Rush

September 16, 2014

Tweet New gTLDs—The Challenge for IP Professionals ICANN’s announcement that it would expand the Internet with thousands of new Top-Level Domains was accompanied by a burst of hype: a new Gold Rush will dawn. Entrepreneurs lined up to make their fortunes. But the hype was met with a mixed reaction from IP professionals responsible for […]

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Update on Taylor Swift “Lucky 13” Trademark Infringement Lawsuit

September 15, 2014

Tweet Back in May, clothing company Blue Sphere Inc., which does business as Lucky 13, sued singer Taylor Swift for trademark infringement over the use of “Lucky 13.” Thirteen happens to be the singer’s lucky number: she was born on December 13, uses the number in her Twitter account name (@taylorswift13), and in the past […]

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Wine in a Paint Can Sparks Trademark Infringement Suit

September 11, 2014

Tweet Packaging wine in a paint can sounds pretty original, doesn’t it? Pennsylvania-based Paradocx Vineyard has been selling wine in a paint can since 2007 and owns patents on the can design and trademarks for two of its clever brand names: Pail Pink and Whitewash. The vineyard was surprised to find out that the McCann […]

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