Trademark Dilution in the Age of Social Media: Legal Challenges and Brand Protection Strategies
Technology particularly social networking sites has increased the danger of trademark dilution beyond the previous experience; they became the unprecedented test for brand identification and protection.The non-competitive and often simultaneous usage of established and famous trademarks dilutes their strength, contrary to infringement that directly counterfeits well-known marks.In India, trademark dilution protection under Section 29(4) of the Trade Marks Act, 1999, is still relatively weak, since the courts are yet building an effective legal framework to respond to cyber infringements.This paper aims to discuss the effect of social media on trademark dilution focusing on major complex issues such as jurisdiction across borders, contents created by users, and the spread of memes and parodies.Using case studies and comparative legal research, the paper reveals the shortcomings of the Indian trademark law as compared to the US and UK laws and proposes to bring international laws at par so that trademark protection across jurisdictions is effective.Besides, it stresses timely monitoring, cooperation with the social platforms where brands are involved, and innovative approaches, such as AI, blockchain, and digital fingerprinting, to enhance the usage of trademarks safely.The study urges legal reform to cope with the changes in the activities of trademark violations on the internet, emphasizing the importance of networked technology and the collaboration of the nations in the framework of the trademark legislation.
Authors
- Ashutosh Anand (ORCID: https://orcid.org/0000-0003-1960-9716)
- Vinod Kumar Sharma (ORCID: https://orcid.org/0000-0002-5203-1218)
Publication Details
- Journal
- International Journal of Research Publication and Reviews
- Published
- 2024-10-01
- DOI
- https://doi.org/10.55248/gengpi.5.1024.3031
- Primary Topic
- Intellectual Property Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00