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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

24.03.2020

How to protect new online businesses and other IP challenges

The field of intellectual property, as important as it may be, is more often than not looked over by the entities that carry out their activity in the field of e-commerce. The reason why intellectual property is crucial for the field of e-commerce, is because by the sale of products and services, generally have important ( learn more )

18.03.2020

Intellectual Property Offices – updates on COVID-19

UKIPO, EPO, EUIPO and USPTO announced the latest decisions regarding the COVID-19 pandemic. Most of them will remain open, and just a few of them are making extensions in terms of deadlines. UKIPO If you are in the situation where you need an extension, due to the pandemic, UKIPO will remain open and mentioned that ( learn more )

16.03.2020

Happy toys for happy children

We have assisted our Client, a manufacturer of wooden toys, in the process of preparing the most suitable trademark filing strategy. We applied at EUIPO for a trademark application in classes 28 and 35 and took all necessary steps for protecting his brand and develop its business in the European Union. The whole procedure was ( learn more )