IPRIA Seminar Series
Brandjacking on Social Networks: Trademark Infringement by Impersonation of Markholders
A free public seminar in presented by IPRIA in association with the Centre for Media and Communications Law in Melbourne and Sydney, generously hosted by Baker & McKenzie.
PRESENTER: 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.
DATE: Evening Seminar Tuesday 15th March 2011 - 6pm - 7pm (Refreshments from 5:30pm)
VENUE: Baker & McKenzie, Level 19, CBW, 181 William Street , MELBOURNE
COST: Free of charge
Please click here to view the flyer
DATE: Lunch-time Seminar Thursday 17 March 2011- 1pm - 2pm (Refreshments from 12:30pm)
VENUE: Baker & McKenzie, Level 27, AMP Centre, 50 Bridge Street , SYDNEY
COST: Free of charge
Please click here to view the flyer
RSVP Clarissa Terry law-cmcl@unimelb.edu.au
Bookings are essential
Continuing Professional Development
Patent and Trade Mark Attorneys
If this particular educational activity is relevant to your professional development, improving your practice and service to your clients, you may be able to claim CPE hours.
Please refer to the Professional Standards Board Website and its guidelines on CPE
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CMCL - Melbourne Law School
University of Melbourne VIC 3010
Phone: (+613) 8344 9970
Fax: (+613) 9348 0973
Email: law-cmcl@unimelb.edu.au