Abstract
The inception of social media , the web based form of media has emerged. In this busy digital age , social media is now a necessary tool for any business to contact it’s consumers , highlight it’s product and build brand recognition.
However , the realm of trademark application in social media marketing is so complex that the business need to understand not just the potential reward but also potential legal pitfalls.
Introduction
Social media has transformed from a basic entertainment to a significant income source to influencers at the core of this economic change take the stage. Intellectual property laws , particularly trademark laws are the protection of the influencer brands and preservation of the integrity of their online identity.
Trademarks are the names , logos , or symbols utilize in commerce to distinguish products or services as defined under The trademark Act of 1999.To gain a comprehensive knowledge , it is necessary to mention Lakme , a well known beauty products that has a trademark to safeguard its brand.
Convergence of social media and trademark
A connection exists between trademark and social media influencers. It is imperative for influencers to establish a distinctive brand identity. It violates the law in the digital era. An insicere post , ad username , or hashtag can even result in the consumer confusion or goodwill damage.
Therefore , it is imperative to closely monitor them and be proactive in safeguarding trademark assets from unauthorised access through social media platforms. For instance , counterfeiters may sell original products under brand names that resemble registered trademark on platforms such as Instagram, facebook and market place .
Legal challenges in the trademark protection on social media
In today’s digital era , the enforcement of trademark legislation faces truly meaningful. Social media platforms offer anonymity , so identifying and prosecuting those who infringe online becomes more complicated. Infringing content spread so fast online, this makes things difficult for brand owners.
Cybersquatting and domain name hijacking
Another especially important hurdle includes the rise of many new kind of brands abuse , like cyber squatting and domain name unsurpation. Cybersquatters always register domain names Incorporating trademarked terms to divert all traffic to compete websites. They also sell each of them at premium.
In a similar fashion , domain name hijackers illegally sieze control of domain that implement legal mechanism to safeguard registered trademark.
Rapid increase of online counterfeiting and infringement
A huge challenge is that the internet ‘s world-wide reach and complete anonymity have enabled a total increase in online counterfeiting and infringement. Since , branded products can copied easily by any number of counterfeiters and sold across the internet with brand integrity and consumer trust.
The overwhelming volume of online transactions present a challenge for brand properitors in terms of effectively monitoring and detecting instances of infringement.
Case studies : An analysis of social media Trademark disputes
Kylie Jenner ‘s “Rise and shine”
The word rise and shine went widespread on social media , and Kylie move to trademark them drew criticism as she was trying to profit on a concept the average person uses. Kylie plans to sell her branded items in the same sector as beggan’s .
Beggan’s allege that Kylie use of the mark for profit infringes on her company’s right to the mark , which are presumably identical.
To a greater extent than trademark strategy , this case highlights the importance of public perception in the era of social media .
Coca – cola v. Unreiable content
Coca cola encountered three major problems as a result of fraudulent advertising on Instagram and Facebook . Making exact posters confuse consumer in the market as they are the original mark of coca cola and the second on is misleading offer promotions and third a loss of consumer trust.
Coca cola has already reduced a significant portion of exposure to undesirable products.
Brands benefit from Instagram
Through Instagram , many unknown companies have become quite popular . Some imitation items do end up violating these firms ” Trademark as a result of all these hypes.” Some firms have transitioned from virality to sustained growth by interacting with a new fanbase .
The future of safeguarding online content on social media
Our life new revolves on social media , which also provides a great exposure to share their pictures , videos and opinions. In this regard, government has developed that standards social media influencers must comply to in order to openly declare their economic affiliations and avoid penalities.
They provide guidance on which brand to purchase , where to allocate our investment. The bombay high court noted two main concerns in its historical decision in ” Marico limited v. Abhijeet Bhansali.
The need for a structured regulatory framework
Faced with the problems associated with online trademark infringement, newer technologies have emerged that help brand owners protect their trademark and intellectual property.
Encouraging platforms and industry operations are incredibly instrumental im the online abuse of brands through cooperation and information.
International Trademark Association (INTA) are organizations that promote common collaboration among trademark properitors and several law enforcement entities.
Brand protection programs online depend greatly on through trademark registration as well as rigid enforcement policies. Brand owners may claim complete ownership of all their brands and minimize all potential infringement issues through thoroughly monitoring all trademark database and registering every trademark with intellectual property firms.
Conclusion
Social media ‘s potential for all businesses is comparable to all the new risks that is create for every trademark . In today’s trademark and influencer marketing environment , companies should stay flexible , perceptive and originally to protect and use trademark resources.
Legal remedies and technical innovations offer different solutions to these challenges. A strong legal framework in the digital age guarantee trademark integrity even with all legal precedents.
Companies can defend trademarks through a comprehension of all legal issues in the environment and by creating multiple effective strategies , while using all developing digital platforms possibilities along with every current trade conflicts.
References :
- Indian Trademark Act of 1999
- International Trademark Association (INTA)
- Social media online platforms
- Intellectual property rights
Online websites.
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