News/Publications

Publications

Publications

Business Litigation Alert: "Cease and Desist, Please"

Social Media Spreads Harsh Words Like Wildfire

With Twitter, 24/7 news coverage, and constant Facebook status updates, today’s social-media dominated environment can easily send “news” viral, and potentially damage a company’s otherwise stellar business reputation.

Chick-Fil-A recently learned this lesson the hard way.

Chick-Fil-A believed that the phrase, “Eat More Kale,” by a Vermont-based small business owner who uses the phrase on t-shirts, was too close to its “Eat Mor Chikin” campaign, and sent a form “cease and desist” letter to stop the alleged infringing use.

That letter quickly went viral through social media outlets, leading to negative news coverage for Chick-Fil-A and wide-spread grassroots support for the small business owner. Because of the way the letter was written, Chick-Fil-A was easily portrayed as a big business bullying the “little guy.”

Chick-Fil-A’s experience highlights the careful consideration that must go into crafting all business communications, particularly communications intended to impose corporate policies, rules, or legal rights. Consider the following points:

  • Whenever possible, avoid sending a form letter.
  • Choose your wording carefully, and try to omit wording that could be considered “heavy-handed”.
  • Ask, “Could any sections of this letter be taken out of context?” If so, re-write.

Today, there is no guarantee that a business communication will be “private.”

It only takes one tweet or post to spark a social media wildfire that can lead to a public relations disaster.


Jeff Elkin is a partner in the litigation section of Porter Hedges LLP.
He can be reached at 713.226.6617 or
jelkin@porterhedges.com.

This information is made available for educational purposes only and does not offer specific legal advice or create an attorney-client relationship with the Firm. Do not use this information as a substitute for specific legal advice. Attorney advertising

Related Professionals
Related Practices
Related Industries
Related Files
Related Links