Influence of Social Media on Trademark Protection

27th December, 2024 - 9:54 am Categories: Trademark 0 Comments

INTRODUCTION

Trademarks and their role on social media

Trademarks make people recognise the makers and owners of a brand. Trademarks are now used in stories and connected with consumers. For instance, a brand emblem or tagline isn’t merely a mark itself; it can be a representation of actual life or values or sensations attached to a consumer experience.

• Logos and Brand Names: Very recognizable trademarks such as Nike’s “Just Do It” slogan or Apple’s ‘bitten apple with a stem’ logo plays a major role in online branding.
• Hashtags and Campaigns: Such trademarks almost always extend to any hashtags or slogans adopted under social media campaigns to advertise the current product.

Trademarks have however become even more susceptible to misuse and violation on account of the nature of being in a public space such as social media, despite their advantage in being able to raise visibility for the brand.

How Social Media Impacts Trademark Protection

Today, social media has become an important tool for businesses to promote their brands. Platforms like Facebook, Instagram, and Twitter help firms to reach out to new target groups and strengthen their brand identity. However, the same platforms pose certain challenges to trademark protection that easily gets misused or violated in the digital space.This blog simplifies such issues while discussing some legal sides of the issues, focusing mainly on how social media affects trademarks and how businesses could protect themselves in this sphere.

Challenges Faced in Protecting Trademarks on Social Media

1. Imitation and Counterfeiting

Social media creates opportunities for counterfeiters to easily imitate trademarks. Such persons hence create fake accounts or advertisement pages just to sell with fake logos and names misleading customers and destroying the original brand’s reputation.
Example: Counterfeit versions of luxury brands such as Louis Vuitton or Gucci found on websites like Instagram.

2. Trademark Dilution

When a trademark becomes too popular to lose its specialty, it gets diluted.

Take for instance: Particularly entertaining memes and jokes using trade logos will weaken the strong association between the logo and its original brand meaning.

3. Fake Accounts

An impersonator may come up with fake accounts acting like that of an official brand page and may even put up misleading information or start a scam that can damage the brand.

Example: the fake accounts during the COVID-19 times that pretend to be pharmaceutical companies spreading false information about corona virus treatments and vaccines.

4. Unauthorized Use by Influencers

Influencers on social media will misuse trademarks quoted either by accident or sometimes on purpose. For instance, they might include the logo of a brand in sponsored posts but do so without permission from a particular company, thereby giving the impression of being associated with the brand.

5. Trademark Protection is territorial – No blanket International Protection
   Trademark Protection is a territorial concept. Thus If international protection is not secured, then businesses may risk being infringed upon by competitors or counterfeiters outside their country of origin. This can result in loss of market share, dilution of the brand, and reputation damage.

How to Treat Such Problems

Trademark protection on social media is possible by legal provisions and proactive steps:

1. Register Your Trademark

Ensure that your trademark is registered in every country you either do business or plan to do business in. This gives you legal authority to act against unauthorized users of the trademark.

2. Monitor Social Media Channels

Monitor social media extensively for the unauthorized use of your trademark. Use tools like Google Alerts or social media management programs to trace mentions of your brand name, logo, or slogan online.

3. Make Use of Platform Specific Tools

Most social media platforms have mechanisms to report violations of intellectual property rights:

• YouTube: allows trademark owners to take down infringing videos/accounts.
• Twitter: Has a policy of responding to complaints on misuse of trademarks.
• Instagram and Facebook: provide appropriate forms for filing complaints on trademark infringements.

4. Legal Action When Necessary

Litigations may be instituted in severe violation by applying the law for the purpose of trademark protection. It is especially useful for confirmed offenders or heavy counterfeiters.

Proactive Steps to Prevent Trademark Issues Relating to Social Media

1. Create Social Media Accounts for Your Brand

Ensure the brand name is available on all important platforms, against all odds, even if you are not using it. It would keep others from making a false account of your trademark.

2. Train Employees and Collaborators

 Train your team and the rest of your collaborators (for example, influencers) on the right way of using the trademark. Clear brand guidelines would have to be established.

3. Create Customer Awareness

Train customers so that they know your official social media pages and encourage them to report fake accounts or suspicious activity.

4. Build Up Your Brand

Thus, the strong and active presence on social media makes it all the more difficult for imposters to do a successful act of being you. Start engaging your audience and share with them relevant high-quality content very often.

Real Life Cases:

1. Louboutin’s Fight Against Fakes

To protect its iconic red soles, the luxury shoe brand Christian Louboutin actively combats counterfeit sellers through a multi-pronged approach. This includes social media monitoring, reporting fake accounts, and utilizing specialized tools to identify and address instances of trademark infringement.

2. Parodying Starbucks

Starbucks’s strategic dealing with parody accounts using their logo to create satirical posts is an interesting angle. Some of them may fall under free speech but Starbucks is actually working with social platforms in ensuring its brand does not get tainted by misleading and harmful content.

3. Coca-Cola on Hashtags

Coca-Cola effectively uses trademarks, such as Coke, through its hashtag campaigns. Such names have made some competitors attempt similar hashtags, which has prompted Coca-Cola to actively monitor and protect its trademark.

CONCLUSION

Social media comes with huge opportunities for brands but also brings them new risks relating to trademarks. Trademark protection on social platforms is not all about legal enforcement but also about the customer trust and integrity of the brand. By remaining vigilant, using platform tools, and taking proactive legal steps, companies are in a position to guard their trademarks against risks posed by social media.
For further assistance about protecting your trademarks, consult professionals or look for platform-specific sources to handle the infringements swiftly.

Author: Anshika Sharma, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

REFERENCES

1. https://www.iiprd.com/rise-of-social-media-potential-risks-of-trademark-infringement/
2. https://giselleayala.com/use-trademarks-online-challenges/
3. https://abg-ip.com/use-of-trademarks-in-social-networks/
4. https://www.researchgate.net/publication/380292112_Trademark_Law_in_the_Digital_Age_Challenges_and_Solutions_for_Online_Brand_Protectio
5. https://ai-law.co.uk/navigating-trademark-protection-challenges-in-the-digital-age-a-comprehensive-guide/
6. https://www.plumegroup.com/blog/social-media-and-intellectual-property-when-sharing-might-not-be-caring