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 9: Implementation of a paradigm shift

Danny Friedmann

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


Until the law will be amended to include a moral right of integrity for the trademark logo, this book suggests the implementation of proactive solutions in the walled gardens of social media as a testing ground for potential legislation, using pre-upload filtering. This automated solution is scalable, makes intellectual property protection and enforcement not only effective but also more calibratable to social policy goals and will inevitably lead to an algorithmic justice.

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