Options Available to Trademark Owners in Social Media
Disputes can arise in social media over the use of a trademark. There are several ways while these disputes can be resolved.
- Trademark owners can sue for trademark infringement or unfair competition.
- The best option is one that keeps you out of court. One possible option is to complaint to the social network provider.
- Another creative solution to the significant problem of trademark infringement in social media is to perform a trademark registration of usernames.
Trademark owners have several options available to them to resolve disputes in social media.
Trademark Owners Have Legal Options to Enforce and Protect a Trademark
Trademark owners, of course, have other legal options in order to enforce and protect their trademark. They can of course sue under federal trademark law for trademark infringement or unfair competition.
These claims fall squarely under the Lanham Act; however, they may run into another limitation: the statute can be asserted only against those who wrongfully use a trademark “in commerce.” This requirement may be met in a social media context, but only if the defendant uses a social media site to sell goods or services. Otherwise, the trademark owner may not be able to make out a Lanham Act claim, which provides for triple damages plus an award of attorney fees, providing a strong disincentive for the would be infringer to not act unlawfully.
There May be a Better Solution
The better solution often is to avoid the courts altogether. If some entity is wrongfully using a company’s trademark on a social media site, the company can complain to the operator of the social media site. Facebook, Twitter, LinkedIn and other major social media sites have expressed a willingness to protect trademark owners. However, it is unclear, how the social media companies will handle the complaints, or whether the results will be favorable to the trademark owners.
Creative Options Available to Trademark Owners
The best option for trademark owners may be to avoid this trouble at the outset and register their trademarks as usernames on social media sites before anyone else does. That, however, may be easier said than done as many of these names may already be in use by others. If available, trademark registration could significantly limit the time and expense of a trademark dispute.
For companies with extensive trademark portfolios, it is becoming almost impossible to reserve all their trademarks and misspellings of their trademarks in all of the domains and social networks. They could easily employ someone full time just to apply for these names.
Nevertheless, in the end, without trademark registration of the businesses’ trademark, there is little incentive for competitors not to improperly use a businesses name in social media or otherwise.
Whether you have a trademark registration you want filed, you have received a cease and desist or you need to send one, whether you are on either side of a trademark infringement case or you have questions relating to trademarks and social media or domain names, you will want to consult with a trademark attorney who can protect your rights.
Contact an attorney with Veritas Business Law, LLC for a free consultation.
