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NEWS

2010/07/12 - Trademarks and Facebook

The answer to the question “Does presence on Internet now mean presence on Facebook?”, is “Yes”. Of course, this is mainly a marketing approach related to the exponential number of users registered on Facebook, who form as many potential consumers of the brand name or trademark. Legally, this approach also prevents cybersquatting and creating user accounts that incorporate the trademark. Since 2004, strategies for defending trademark rights have evolved. Initially, the tendency amongst trademark proprietors was more to apply a strict general defensive policy requesting the closure of any pages liable to damage the trademark.

Today, an increasing number of trademark proprietors are keener on surveying the contents of Facebook in the sole objective of making direct replies online, by posting their comments on the Facebook pages concerned. The idea is to increase the indirect presence of the trademark and its proprietor by saying that it is better to talk about the trademark (even from a critical point of view, and then to rectify users’ statements on Facebook) rather than for the trademark to be totally absent from platform users’ reflections.

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