The Role of Social Media in Trademark Disputes

By Sarferaaz Khaan (Law Graduate, Tamil Nadu Dr. Ambedkar Law University, Chennai)

Introduction

Social media platforms are becoming indispensable tools for businesses in the digital age to interact with customers and promote their brands. But social media’s broad appeal and accessibility also provide serious legal difficulties, especially when it comes to trademark law. This article examines the role of social media in trademark disputes under Indian law, looking at important legislative provisions, well-known cases, and implications for brand owners.

Trademark law in India

Trademark law in India safeguards a brand’s reputation and prevents fake or confusingly similar goods and services from duping consumers.. The Trade Marks Act, 1999 is the main body of law controlling trademarks in India. In order to properly protect the rights of trademark owners, this Act offers extensive standards for the registration, protection, and enforcement of trademarks.

Definition of Trademark

Section 2(zb) of the Trade Marks Act, 1999, defines a trademark as a mark that is capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others

This broad definition includes a wide range of marks such as names, signatures, labels, numerals, shapes of goods, packaging, and combinations of colors.

Protection Against Infringement

The Trade Marks Act of 1999 addresses trademark infringement in Section 29.

Someone infringes a registered trademark. This occurs when they use a confusingly similar or identical mark. The mark must be used without the owner’s consent. The products or services covered by the trademark must also be involved.

Furthermore, such a mark can lead to infringement. This happens when the mark is used in advertising. It is likely to confuse consumers. It can also be seen as a reference to the registered trademark.

In the case of T.V. Venugopal vs. Ushodaya Enterprises Ltd, the dispute involved the use of the trademark “Eenadu,” a well-known Telugu newspaper. The defendant used the mark “Eenadu” for its products, including beedis (local cigarettes).

The Supreme Court held that the use of “Eenadu” by the defendant amounted to infringement under Section 29. The Court also emphasized that the trademark “Eenadu” had acquired distinctiveness and goodwill, and its use for unrelated products was likely to cause confusion among consumers. Hence,the Court granted an injunction restraining the defendant from using the mark.

Similarly, in the case of Amritdhara Pharmacy vs. Satya Deo Gupta, An injunction was requested by the plaintiff, Amritdhara Pharmacy, against Satyadeo Gupta for using the name “Lakshmandhara,” claiming that it was confusingly similar to their own brand “Amritdhara.”
According to the Supreme Court, “Amritdhara” and “Lakshmandhara” were phonetically similar and could lead to consumer confusion or deception. The court granted an injunction to Amritdhara Pharmacy. This important ruling upheld the rule that phonetic similarity might qualify as Section 29 infringement even in cases where the trademarks are not exact.

The Trade Marks Act, 1999, protects the rights of trademark owners and prevents unauthorized use that could confuse consumers.

Trademark Disputes In Social Media

Trademark disputes result when someone uses a mark without authorization. The mark is confusingly close to or identical to a registered trademark. Allegations of infringement or passing off, in which one party seeks to misrepresent their goods or services as those of another, are common in these conflicts. Possible financial and reputational harm from such misrepresentation makes these battles especially heated.

Due to the widespread and immediate distribution of content on social media, trademark issues grow more complicated. Although social networking sites like Facebook, Instagram, LinkedIn, Twitter etc. are excellent tools for promoting brands and engaging with customers. But they also pose special difficulties for trademark protection.

Challenges For Trademark Owners

Trademark owners face a lot of hurdles in addressing issues on social media. Social media has two functions in trademark conflicts. On the one hand, it helps brands establish and preserve their identities by acting as a potent marketing weapon. However, it offers a welcome environment for possible trademark infringements.

• Real-time monitoring: Social media’s rapid nature demands constant observation in order to quickly identify and resolve trademark infringements. This necessitates the employment of specialized resources and advanced monitoring techniques to look for instances of trademark infringement on different platforms.
• Platform Rules and Enforcement: Every social media platform handles trademark disputes in accordance with its own set of rules and guidelines. Owners of trademarks must properly navigate these regulations and make use of the platforms’ reporting and removal tools for content infringement. It’s critical to comprehend the subtleties of each platform’s dispute resolution procedure.
• Jurisdictional Concerns: Social media platforms are used all over the world, and content uploaded in one nation can be viewed by users anywhere in the world. This leads to complicated jurisdictional problems because national trademark regulations differ. It may be necessary for trademark owners to take legal action in more than one jurisdiction. However it can be costly and time-consuming.
• Anonymity and Pseudonymity: The ability to register under a pseudonym or remain anonymous makes it more difficult to defend trademark rights. It might be challenging to find and take legal action against infringers who use false profiles; this calls for sophisticated investigative methods.

Preventive measures adopted by social media platforms

Social media has had a major impact on trademark protection. Digital platforms have made it easier for trademark owners to monitor for potential infringement and to respond to infringement quickly and effectively.

People can use social media to:

• Monitor for potential trademark infringement
• Identify and track infringers
• Gather evidence of infringement
• Contact infringers and request that they stop using the trademark
• File trademark infringement complaints with social media platforms

Case Laws

Tata Sons Ltd. vs. Manoj Dodia & Ors: Tata Sons sought an injunction against the defendants for using the trademark “Tata” in domain names and on social media platforms. The court recognized the importance of protecting trademarks in the digital space and granted the injunction.

Raymond Ltd. vs. Raymond Pharmaceuticals Pvt. Ltd: The case involved the use of the “Raymond” trademark by the defendant on social media to promote unrelated products. The court reinforced the principle that social media usage must respect trademark rights.

The Indian Hotels Company Limited vs. Jiva Institute of Vedic Science and Culture: The plaintiff claimed that the defendant’s use of the trademark “Taj” on social media constituted infringement. The court stressed that trademark owners must take extra precautions to safeguard their marks when they are used online.

Social media’s growing influence in trademark disputes calls for a sophisticated knowledge of both technology and law. Important legal factors include;

• Selecting the proper court to file social media infringement allegations
• Gathering and archiving electronic proof of trademark violation.
• Putting in place safeguards to quickly identify and deal with infringements, such as trademark watch services and web monitoring tools.

Conclusion

Due to social media’s widespread effect, trademark owners in India face both opportunities and difficulties. Although technology presents never-before-seen opportunities for brand marketing, it also exposes companies to legal risks and other legal issues. Businesses must maintain vigilance, comprehend the legal environment, and implement strong tactics in order to safeguard their trademarks in the digital sphere. They may use social media to their advantage while preserving their priceless intellectual property rights by doing this.