Mergers, Acquisitions, and Divestitures: Managing Domain Names and Social Media Accounts in Transactions

Hosted By: International Trademark Association (INTA)

Available online now, INTA's Business Transactions webcast series includes six segments covering a wide variety of mid- to advanced-level topics that trademark practitioners encounter in business transactions.

Gain unique perspectives from experienced INTA members, including Fenwick trademark lawyer Mark Jansen, as they share insight on how intellectual property professionals protect their trademarks in corporate transactions and commercial agreements.

In Segment 3, Fenwick's Mark Jansen dives into mergers, acquisitions, and divestitures, and best practices for managing domain names and social media accounts in transactions​.

Learn more and see all available topics below.

Segment 1: Trademarks in Business Transactions: Behind Closed Doors and Getting the Deal Done

  • Practical tips on getting the deal done, sharing experiences from behind the closed doors of trademark transactions
  • Key tools and strategies for getting transactions through where trademarks and brands are the key assets
  • Pointers on developing a tailored plan for your transaction

Segment 2: Overview of Corporate Transactions and Due Diligence

  • Due diligence tips and tricks from both the buyer and the seller perspectives
  • Share sale vs. asset sale, points to watch
  • Defining the scope of due diligence at the outset

Segment 3: Mergers, Acquisitions, and Divestitures: Managing Domain Names and Social Media Accounts in Transactions

  • A discussion of best practices in performing domain due diligence:
    • Considerations in valuing domain names
    • Purpose of and intro to due diligence
    • Common issues and considerations involved in reviewing/investigating a domain portfolio
  • A discussion of best practices in performing social media due diligence:
    • What social media assets, agreements and policies form part of any transaction
    • How to define and pass social media assets from one party to another
    • ​Addressing third party rights in social media assets

Segment 4: Economic Aspects of TM Transactions - Valuation, Taxes, and Financial Planning

  • Examples and highlights from recent transfer pricing cases, as well as legislation that impacts IP ownership and the protection of IP, to illustrate the importance of minimizing risk through proper management of trademarks and IP assets in a dynamic regulatory environment
  • Overview of valuation and transfer pricing, including reasons for trademark valuations, appraisal methodologies, and the distinction between legal and economic ownership
  • International tax developments including Base Erosion and Profit Shifting (BEPS) developments, European Union (EU) developments, and issues relevant to specific countries

Segment 5: Dealing with Disputes—Enforcement, Infringement, Settlement, and Co-existence Provisions in Trademark License Agreements

  • Drafting effective license agreements
  • Building in forward looking effective enforcement provisions
  • Insurance
  • Indemnity
  • Drafting effective settlement agreements

Segment 6: Social Media Bloggers and Influencers

  • Use of influencers by advertisers
  • Statistics on advertising spend on social media
  • FTC Enforcement Guides
  • Overview of recent regulatory actions