However, most social networking websites offer tools that brand owners can use to address infringement without going to the considerable time and expense associated with traditional trademark enforcement strategies. It may be possible to bring a trademark infringement lawsuit based on a likelihood of confusion or simply to send a cease and desist letter.
The question then becomes: what tool in a company’s arsenal should be used to combat the problem? In the case of a user account on Facebook that appears to be your brand – but really is not – this may be a straightforward issue of trademark infringement. Generally, however, while the media may be new, the problem is not. When confronting new media, companies often presume that trademark problems caused by the media are as new as the media itself. Having consumers communicate about brands is a benefit for companies but what if consumers engage in unauthorized trademark use? A company is unlikely to be pleased if a Facebook user obtains a Facebook URL that contains its mark ( The five steps outlined below can help brand owners protect their marks on social networking sites so they can continue to leverage the power of these networks with some peace of mind. But, with every opportunity there are risks, particularly from a trademark protection standpoint. These sites can also allow brands to interact directly with consumers presenting an incomparable branding opportunity. One aspect of Web 2.0 (a term often used to refer to the new features and interactivity available on the Internet today) is the growing popularity of social networking websites like Facebook, YouTube and Twitter, which allow content sharing and online interaction between individuals. 10, Copyright 2010 the International Trademark Association). This article was adapted with permission from the INTA Bulletin (Vol. Newman, Winston & Strawn LLP, Chicago, Illinois, USA explore the steps that trademark owners can take to protect their marks on increasingly popular social networking websites.
Five Steps to Protect Your Trademarks in the Web 2.0 World
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