Should I Avoid Social Media During Intellectual Property Litigation?

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While many people find social media to be a beneficial tool, using it during your pending intellectual property litigation can damage your claim. For more information on why you should avoid social media during your lawsuit, read on and see how a proficient New Jersey intellectual property litigation lawyer at The Ingber Law Firm can represent you.

Why should I avoid social media during my intellectual property litigation?

Even if you put your social media accounts on private or exclusively use the direct messages feature, the defendant and their attorney can still gain access to your information and use it against you during your intellectual property litigation. Some examples of how they can discredit your case include the following:

  • Your posts contradict your testimony: for instance, you may have claimed that you developed a product entirely on your own. But online, you may have made comments about how you essentially exploited publicly available knowledge to develop your product. With this, the defense can challenge your claim by stating that you were not completely honest about your losses.
  • Your friends’ and family’s posts contradict your testimony: along with your private accounts and direct messages, the other side can access your witnesses’ posts. For instance, they may make posts or comments on their social media that contradict your claims about your damages or about how much money you hope to win through your case.
  • Your posts are admissible in court: while your social media posts are not automatically admissible, the New Jersey court may render them admissible if it determines they follow the New Jersey Rules of Evidence. For instance, when you are involved in an intellectual property lawsuit, your statements to others outside of court are admissible against you because you are a party to the case. Therefore, the court will count your social media posts as statements. They may also admit statements by family and friends online if they contradict your testimony.

How can I use social media safely during my intellectual property litigation?

While you should stop using social media altogether, at the very least, you should follow the below tips:

  • Turn on the strictest privacy settings.
  • Do not accept any new followers.
  • Remove any followers that you do not know outside of social media.
  • Never discuss your case, your business, etc., online.
  • Ask your friends and family to not post you, tag you, discuss your case, discuss your business, etc., online.

If you seek further guidance, contact a competent Essex County, New Jersey intellectual property lawyer today.


Whether you’re looking to register a copyright or trademark, are facing a dispute, or otherwise require the assistance of an experienced New Jersey intellectual property lawyer, you’re in the right place. Contact Ingber Law Firm today to schedule your initial consultation with our skilled and dedicated legal team.