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.

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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
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article

Trademark Dilution in the Age of Social Media: Legal Challenges and Brand Protection Strategies

Ashutosh Anand, Vinod Kumar Sharma
International Journal of Research Publication and Reviews
Intellectual Property Law
article

Trademark Dilution in the Age of Social Media: Legal Challenges and Brand Protection Strategies

Ashutosh Anand, Vinod Kumar Sharma
article en

Abstract

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.

International Journal of Research Publication and ReviewsVol. 5(10)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Intellectual Property Law
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Trademark Dilution in the Age of Social Media: Legal Challenges and Brand Protection Strategies — Ashutosh Anand, Vinod Kumar Sharma · International Journal of Research Publication and Reviews (2024) | TGRS Research Map | TGRS