What is real
is not external form.



CONSTANTIN BRANCUSI

Social Media: New Approach in Brand Fraud

21.03.2018


Trademark infringement is well-known thought social media as a current problem. Taking into account some of the most common issues in the area we summarize 5 solutions.

 

Experts examined new types of infringements faced by powerful brand owners and proposed useful methods and tips for maintaining brand integrity and costumer confidence.

 

1. Practical solutions

Although these issues are coming from different factors, the approach to social media infringement should be based on the principles stated below:

  • Set up a global an investigation system using software devices;
  • Maintaining a trademark registration portfolio to fight infringements at the court;
  • Always sending notice letters to infringers;
  • Using take-downs offered by social media sites ;
  • Entering into litigation as determined by a strategic analysis.

 

2. Global trademark portfolio

It is essential to establish a global infrastructure to fight brand infringement. Many countries advice that brand owners should trademarks in their country in order to combat local infringers. It may not be necessary to own a trademark for every country you sell your products, but registration of the principal trademark for main goods in the most important markets and key infringement countries is required to fight problems at their source.

 

3. Objection letters

Companies have different policies when it comes to infringements. Usually, it is indicated to send letters, to provide effective notice before proceeding with actions to prove in court that there were an attempting to infringement .The content of such letters should be focused to the particular infringements, with ‘soft’ language favored for more incidental infringements and aggressive language for calculated schemes.

 

4. Take-down notices

A powerful weapon for the brand owner is the take-down form given by providers. The basis of a trademark complaint is an infringement of IP law or the specific policies of the social media platform. In many instances, this is a quick way to address the problem even before you get to ask your right at the court.

 

5. Litigation

As in majority of cases of trademark infringement, ligations may be an approach for serious abuse, affecting safety, for brand’s goodwill or commercial activity. There is stated that social media platforms are in charge for the content they post, and any attempt to infringement the social media intellectual property can lead to disagreement from contact owner

15.01.2020

Why is the field of intellectual property in close connection with technology?

In today’s modern society the importance of technology is becoming crucial. People are carrying out more and more of their daily activities on electronic devices. We all know that as these technologies evolve, the devices are increasingly present in many areas of our lives. Example of these changes can be observed in products such as ( learn more )

14.01.2020

Another success registered for sports lovers

We have assisted our client in overcoming a refusal issued by EUIPO against our client’s trademark representing the name of a famous sport competition which will be hosted next year in Switzerland. The examiner claimed as a main ground of refusal the lack of trademark distinctiveness. However, we have succeeding in obtaining the registration of ( learn more )

10.01.2020

Pirated online content against the new Swiss copyright law

As of recently, Switzerland is trying to sort all of their copyrighting problems out by bringing intellectual property protection into the digital era. This initiative aims to promote the elimination of the country from a list of copyright protection watchlist in the United States. This new adopted law is focused on hosting providers with the ( learn more )