Chapter 4: Analysis of the legal conflict
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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