Trademarks and social media : towards algorithmic justice / Danny Friedmann, Faculty of Law, The Chinese University of Hong Kong.

Format:

Book

Author/Creator:

Friedman, Danny, author.

Language:

English

Subjects (All):

Trademarks--Law and legislation.

Trademarks.

Physical Description:

1 online resource (398 p.)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2015.

Language Note:

English

Summary:

Trademarks and Social Media supports the protection of using the trademark logo correctly on social media. This thoughtful book demonstrates how protection can be implemented within the walled gardens of social media, through the reconciliation of unauthorised use of the trademark logo on social media alongside maintaining the right to exercise freedom of expression. Legal conflicts between trademark holders, social media providers and internet users have become manifest in the light of wide-scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. This book offers an unparalleled insight into the use of the trademark logo on social media, the consequences of incorrect use and practical solutions to achieve algorithmic justice. Scholars in the field of trademark law will find this a discerning reference tool. Policy makers and practitioners will benefit from the practical solutions presented to protect the trademark logo on social media.

Contents:

1. Introduction

2. Stage of the legal conflict

3. Protagonists of the legal conflict

4. Analysis of the legal conflict

5. Trademark infringement and its defences

6. Trademark dilution and its defences

7. Intermediary liability

8. Moral right of integrity

9. Implementation of a paradigm shift

10. Conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781783479542

178347954X