Introduction
Social Media has changed the business market and consumers’ choice. As the Digital challenges are increasing the cases of trademark infringement is also increasing. Nowadays companies or well known companies are promoting their goods and services through a social media platform. Companies are facing the challenges to enforce intellectual; property rights on social media platforms. As companies are growing business are struggling to protect their band online from the misuse their brand identity
Contribution of social media towards trademark infringement
1. Unauthorised brand usage
Social media allows the user to quickly share the online content. Brand dilution leads to when users share the trademark into memes, hashtags and promotional posts without the authorised permission from the original owner of the trademark.
2. Misusing the goods and services sales through the false information
Through platforms like facebook, instagram, tiktok sellers can easily sell their goods and services. But so many fake products are also sold through this platform which leads the misusing sales of the goods.
3. Fake profile
Unauthorised sellers are selling the fake products through the social media platform. Fraud account holders using the famous brand name and selling their products and misleading the consumer. These fake accounts are causing the reputation damages to the real brand owner by using their goods unauthorisedly.
4. Sponsored ads misused
Companies are using the keywords of the competitors to promote their products. They are promoting on platforms like Google, Facebook and Instagram. To divert the traffic of the competition on their own.
Securing trademarks rights on social media
1. Jurisdictional infringement
Social media platforms operate throughout the world, it is very difficult for the social media user to secure their brand internationally. Some trademarks are considered in the Indian market but some may not be considered in the international market.
2. Quick content sharing and viral post
Social media content becomes viral very quickly and it is difficult to control the viral content and it is difficult to control the trademark infringement. The most tragic part is that even if the platform remove the but the content always circulates online thriugh the saved videos, photos and screenshorts
3. Social media companies takes time to response
Social media companies offer the trademark protection services but they take lots of time to resolve the matter of trademark infringement, sometimes they take weeks or months to resolve the one issue. Some of the most renowned companies like facebook , youtube and facebook are also taking lots of time to resolve the issue of online trademark infringement.
4. Limited social media user knowledge
So many users are unaware that they are infringing the registered trademark user rights and they are unaware about the consequences of the trademark infringement penalties and punishments. Through the modes of fan pages , parody accounts they are unknowingly infringing the trademark of well-known brands.
Remedies available for trademark owners
1. Filing trademark complaint through social media platform
So many online platforms provide online services to report the trademark infringement violations. Facebook, instagram , google all these platforms are providing the service to stop the trademark infringement. Trademark certificate, application numbers and proof of user is required to raise the complaint.
2. Cease and desist notices against infringers
Registered trademark users send the cease and desist to the individual or entity who is using the without authority using the registered trademark of the registered user. If the infringers do not take the necessary steps to stop , further legal action should be taken.
3. File infringement suit against the infringers
In most of the cases business entities and individuals are required to file the infringement suit for protecting the brand logo and brand name to stop the misleading information. After filing the suit, the court issued the infringement order to stop the unauthorised used of the brand logo and brand name.
4. Use brand protection and monitor software
Most of the well-known brands use AI powered software to protect the trademark infringement and stop using the infringers to authorize using the registered trademark.
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