Carrie Johnson, an intellectual property attorney at Eastman Smith, will discuss the potential pitfalls in online marketing, and the proactive steps businesses should take to minimize risk of infringement. Business owners increasingly rely on social media platforms to promote their products and services, often creating and posting marketing content without legal review. While digital tools have made content creation more accessible than ever, they have also created significant legal exposure. Copyright owners are now deploying sophisticated AI-powered bots to scan the internet for unauthorized use of protected works. These automated systems can detect the use of copyrighted music, photographs, videos, graphics, and other creative content in business marketing materials. As a result, companies of all sizes are receiving demand letters and facing potential litigation for copyright infringement-often for content they believed was permissible to use. It is critical for companies to understand the best practices for avoiding infringement and how to react upon receipt of a demand letter or other objection based upon alleged infringement.
Learning Objectives: 1 CPE Credit Offered
1. Understanding the difference between Trademark, Copyright, and Patent Learn the difference between these types of intellectual property and why it matters to a company’s insurance coverage for defense of infringement claims.
2. Identify Risks and Responsibilities in Online Marketing Learn about potential copyright infringement issues and best practices for creators and businesses.
3. Learn the Best Practices for Responding to Infringement Allegations Discuss typical infringement scenarios based upon online marketing, potential litigation costs and settlement ranges, and insurance coverage and policy considerations for protecting businesses against defense of intellectual property claims.
For over 20 years Carrie A. Johnson has helped clients protect and defend their most important assets and brands. Her practice concentrates in the areas of trademark, unfair competition, advertising, and copyright law, with an emphasis on international and domestic portfolio management. Ms. Johnson also has extensive experience in trademark and copyright enforcement via arbitration, federal courts and proceedings before the Trademark Trial and Appeal Board, as well as negotiating and arbitrating domain name disputes under the Uniform Domain Name Dispute Resolution Policy.
She has represented clients in various industries such as: Building materials, Pharmaceuticals, Apparel, Footwear, Entertainment, Communications, Cosmetics, Alcoholic beverages, Cannabis, and hemp.
Having an extensive background in infringement litigation gives Ms. Johnson an edge when counseling clients in trademark clearance matters. Balancing the cost and effort to protect an asset in relationship to its value is one of the recommendations Ms. Johnson will make as clients may not wish to spend more on an asset than it may be worth. This includes whether litigating infringement makes financial sense.
Ms. Johnson earned her law degree from the University of Toledo as well as an undergraduate degree from Miami University.
She and her husband reside in Sylvania with their two children. Ms. Johnson enjoys spending time with her family, SCUBA diving and wake boarding.