Trademarks and Social Media

Trademarks and Social Media

Towards Algorithmic Justice

Danny Friedmann

Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.

Chapter 2: Stage of the legal conflict

Danny Friedmann

Subjects: law - academic, information and media law, intellectual property law, internet and technology law


Understanding the context in which the legal conflict takes place, the trademark law in the US and EU, is crucial to find a solution. As one appreciates the intricacies of these legal systems under which the trademark logo on social media should be protected and enforced, one can see that these laws are ill-equipped to address the problem. This is exacerbated by international treaties such as the Berne and Paris Conventions, partly incorporated by TRIPS and interpreted by the WTO panel reports, that give the US and EU the bandwidth within which these jurisdictions can operate.

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