ARTICLE
14 May 2010

I Know I Need a Social Media Policy: What Should it Actually Say

LH
Larkin Hoffman Daly & Lindgren

Contributor

Larkin Hoffman provides counsel to a wide variety of organizations, from small businesses and nonprofits to Fortune 500 companies, in many areas of practice including corporate and governance matters, litigation, real estate, government relations, labor and employment, intellectual property, information technology, franchising and taxation. The firm also serves the needs of individuals in many areas including trusts and estates and family law.

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Most companies are faced with issues regarding social media policies and social networking on a daily basis.
United States Corporate/Commercial Law

Most companies are faced with issues regarding social media policies and social networking on a daily basis. In the franchise context, these issues are compounded by the fact that franchisees may be operating their own social networking sites, accounts, and blogs, and using the franchisor trademarks and trade names while doing so. Even when franchisees are using this type of social networking responsibly, franchisors face issues surrounding brand consistency and confusion. Add in the use of social networking sites or tools by franchisees to complain about the system, disparage others, or to utilize trademarks or trade names in an infringing manner, and it becomes clear that franchisors should adopt a social media policy in order to provide structure and guidance to the way in which social media will work for the franchise system.

If you are like most franchise systems, you have considered adopting a social media policy to incorporate into your operations manual. However, when it comes down to actually drafting the policy, many franchisors are stumped at how to tackle the social media world in written form. In the April 2010 issue of Franchising World, I discuss the legal and practical considerations in developing a social policy, and provide practical advice and content as to what should be included in such a policy.

To view the complete article in Franchising World, click here . In addition, if you have not yet incorporated specific language into your franchise agreement and franchise disclosure document addressing the use of social media, now is the time to do so.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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