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 8: Moral right of integrity

Danny Friedmann

Abstract

The trademark logo can be seen as the personification of the trademark holder. One can argue that trademark dilution already provides a kind of moral right of integrity for the trademark logo. However, this right is limited to trademark logos that are considered famous or have a reputation, and, moreover, that are used in a commercial way. This book argues that trademark law should be expanded with the moral right of integrity for the trademark logo.

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