Description

In this episode of The Blackletter Podcast, host Tom Dunlap is joined by David Ludwig and Carlos Linares, partners at Dunlap Bennett & Ludwig, to unpack the complex world of trademarks in social media and the metaverse.

From influencers whose handles are worth millions to businesses fighting for control of their online identities, today’s digital landscape presents unique legal challenges. David and Carlos share practical insights on how creators and companies can protect usernames, content, and brands in an environment where platform terms of service often matter as much as the law itself.

Key topics covered:

• Why usernames and social handles are often treated like trademarks.
• What happens when two people want the same handle—and why platforms, not courts, usually decide.
• How to deal with dormant or inactive accounts that match your brand.
• Risks when a social media agency controls your handles or content.
• Why terms of service often outweigh trademark law on platforms.
• How influencers can trademark personal names and handles for stronger legal protection.
• The role of federal trademark registration in winning disputes with platforms.
• Why early registration and clear agreements are the key to avoiding costly battles later.

David and Carlos emphasize a simple truth: if your brand or identity matters online, you need to treat it like intellectual property and lock down your rights early.

🔗 Resources Mentioned in the Episode:

• USPTO Trademark Registration
• Dunlap Bennett & Ludwig – Intellectual Property Services