In a digital world, navigating intellectual property rights can become increasingly difficult. With more social media usage, infringement, including the unauthorized use of brand names, slogans, or reproduction of original content without consent, is becoming a problem for creators, large and small. Protecting yourself from copyright and trademark infringement may require some extra work on your part or the help of a well-trained lawyer. In this blog, we will discuss the differences between copyright and trademark, how someone can infringe on your intellectual property, and what you can do about it.
What Are The Differences Between Copyright And Trademark?
Trademark and copyright are two protective services that are used to protect intellectual property (works you have created or that distinguish your brand from others). Trademark protects words, phrases, or designs that identify your goods and services. For example, Coca-Cola is trademarked for soft drinks and can not be used by other soft drink companies without permission from the company.
Copyright is used to protect artistic, literary, or intellectually created works that are original. This can apply to digital or physical media, including books, original songs, or artwork. Having copyright protection stops others from stealing and copying your creation and using it for profit.
Common Issues Businesses Face From Social Media
Social media and creators on different platforms have transformed the issues that IP owners have to fight. Social media has opened more avenues for people to “steal” or copy works, without really knowing where they came from. Infringements can impact the reputation of your brand or cause you to lose revenue on products you sell. Let’s look at some of the common issues that social media has introduced for businesses and artistic creators.
Trademarked Sound And Video
Especially on the platform of TikTok, using sounds for a video is common if someone wants to grow on the platform or have a viral video. The short-form content presents a problem for many brands as the sound can be remixed or stitched by multiple users, snowballing the unauthorized use before you even know it is happening. Jingles, catchphrases, and songs can be frequently used without permission from the original creator. It can be very hard to enforce your trademark or copyright when the line between fan, parody, and misuse is blurry on a social media app. Artists and brands may also have trouble tracing the original infringement.
Mimicked Instagram Handles Or Branding
Building an easily recognizable brand can be enhanced with the help of social media, especially visual platforms like Instagram. However, this can also pose a threat of copying and mistaken brand identity. One common problem is the ability to create a similar username, utilizing keywords of your company name or brand. Instagram allows users to create usernames with dots or dashes in between words, even if your brand name is trademarked.
For example, Louis Vuitton has the username @louisvuitton, but other users on the platform, like resellers or fashion enthusiasts, can use options like @LVlovers, @louisvuitton.updates @lvfashion, and more. While many of these creators are not claiming to be the brand itself, smaller businesses may be more susceptible to this brand mimicking.
Smaller clothing brands are seeing this more often with either small competitors or large companies like Shein stealing their designs or logos. Another common word that has formed from social media is “dupe,” where companies are essentially making a copy of a product that is sold at a lower price. One common example is the company e.l.f. Creating dupes of popular makeup products from Summer Fridays, Mac, Rhode, or Haus Labs.
AI-Generated Deep Fakes
With the introduction and popularization of artificial intelligence, copyright and trademark infringement are becoming more common. Essentially, AI pulls information, art, and other creations from what already exists on the internet to respond to your query. AI has also been used to create something known as deepfakes, which is where videos or audio are used to mimic your typical speaking patterns or background, which then can be used to make you say something problematic without your consent. Tools are capable of mimicking brand ambassadors, logos, or catchphrases, blurring the line of official representation.
How To Enforce Your Trademark
All of these risks may seem scary to a business, but there are some ways you can protect yourself and your brand from these social media issues. The first step is to register your trademark using strategic measures. To fully protect your brand, you should trademark your company name, logos, and identifiable product names or phrases that are easily recognizable as your brand. Overlooking a class or a digital use case in your trademark filing can leave gaps for infringers to creep in.
Proactive monitoring and detection can also help you shut down those trying to steal your work, limiting confusion for customers. Using automotive tracking tools or setting alerts on the social app for keywords can help you report these infringements and get them taken down.
Reporting Infringement
Once you see an infringement on your trademark or copyright, you should take action through a cease and desist letter and work with a lawyer to put pressure on the company or person to take down the product, post, or creative work. In many cases, someone may be unaware that they were infringing, so prompt removal will be possible. Most social platforms have a tool for users to report infringement and protect your brand. In other cases, you may seek monetary compensation for damages or losses as well as the transfer of domain names or social media handles.
Litigation is a costly and timely process, so businesses should think about the time and cost it involves before taking legal action. Lawyers often offer consultations or short-term free advice that can be useful for businesses or individuals before paying thousands of dollars for representation.
IP Law Insight From Our Professionals
WW Partners specializes in business law and IP law, including helping you navigate copyright and trademark infringement. Our commitment to our clients will help you navigate every hurdle with ease and receive the best outcome for your case. Avoid large financial losses and brand confusion by working with our team at WW Partners.