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 4: Analysis of the legal conflict

Danny Friedmann

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

Abstract

The norms of the internet users/community have caused a great deal of problems. It is preferable to use the instrumentality of the law to impose a policy choice that benefits all stakeholders. There are eight elements of the legal conflict between trademark holders, social media providers and internet users: - a perception by internet users, social media providers and image search engines that the trademark logo is without protection; - the ample access to the unauthorized use of the trademark logo; - the proliferation, scale and speed of the unauthorized use of the trademark logo; - the permanence of the uploaded unauthorized trademark logos on the internet; - the uncertain boundaries of the trademark logo; - stakeholders that are either overwhelmed or ignorant to the infringement; - a loss of control for trademark holders; and - the emergence of new technology such as cloud computing.

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