Trademarks and Social Media
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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.
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Chapter 6: Trademark dilution and its defences

Danny Friedmann


This book also argues that the trademark logo that did not reach the requested level of fame or reputation and is used in a non-commercial way should also be protected against unauthorized use on social media. In contrast to Schechter’s substantial legacy, modern defences against trademark dilution do not take into account whether the future ‘normal exploitation’ of the mark will be conflicted or whether the effect of the use upon the potential market is negatively influenced. Another problem of contemporary trademark law is its flawed classification system for trademark registration. In times of internet and globalization to protect exclusively famous trademarks or trademarks with a reputation across the different designated goods or services classes is unfeasible and outdated. The unique character of the trademark, especially the trademark logo, could be interpreted as ‘one of its kind’ and implies that it needs to remain unique for all activities. Trademark logos, beside those that are famous or have a reputation, have such a Schechterian quality of singularity that a higher level of protection in comparison to the current level of protection becomes imperative. If the trademark logo is used for parody or in an illustration with a critical comment, this book argues that it would show respect for the journalistic principle of a fair hearing to all parties involved to link back to the site of the trademark holder.

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