Brandjacking on Social Networks: Trademark Infringement by Impersonation of Markholders
Lisa P. Ramsey, Professor of Law, University of San Diego
Should trademark infringement law apply to the unauthorized use of trademarked brand names in expression on Facebook, Twitter, and other social network sites? If a third party impersonates a brand on these sites, this can cause harm to the markholder and the public even where the imposter is not advertising or selling goods or services. For example, a Facebook user with the alias “Nine West Shoes” set up a fake Nine West-Model Auditions group page and convinced hundreds of women and teenage girls interested in model auditions to send the imposter their contact information and photographs of their faces, bodies, and toes. A competitor of the public relations firm Tanner Friedman allegedly impersonated the company on Twitter and sent out embarrassing posts purportedly written by employees of the firm. This Article argues that these types of unauthorized uses of trademarks on social network sites can and should be actionable infringement where (1) the mark is used to impersonate the markholder and falsely suggest the markholder is the author of the third party's expression, (2) reasonable people believe the imposter's false statements of identity and authorship, and (3) the content of the social network site page does not dispel the confusion regarding the source of the expression. On the other hand, where the mark is being used in parody, satire, criticism, comparative advertising, news reporting, and other commentary on the social network site and there is no confusion about the source of this expression, this expressive use of the mark should be outside of the scope of the trademark infringement laws.
EVENT DETAILS
DATE: Tuesday 15th March, 2011
TIME: Refreshments from 5.30 pm, Seminar starts at 6.00 pm
VENUE: Baker & McKenzie, Level 19, CBW, 181 William Street, MELBOURNE
COST: Free of charge
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Bookings are essential. Please register your place at this free public seminar by emailing: law-cmcl@unimelb.edu.au
SEMINAR CONTACT: Clarissa Terry, CMCL, Melbourne Law School, The University of Melbourne, VIC 3010
Telephone: (03) 8344 9970
Email: law-cmcl@unimelb.edu.au