Hashtags and Trademarks: Legal and Practical Implications of Use by Brand Owners or Third Parties

03 Apr , 2024

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In this presentation on the intersection of hashtags and trademark law, the panelists will address potential pitfalls and challenges posed by use of brand names in hashtags. While hashtags can be found all over social media and can be a great tool for building a brand, improper use of hashtags may lead to an infringement claim or may lead a brand owner to lose control of its mark. In this evolving are of law, counsel should consider the potential implications of using a trademark in a hashtag by both the brand owner and third parties, as well as the utility and benefits of registering hashtags for trademark protection. 

Attendees will gain a comprehensive understanding of how trademark law applies to hashtags, exploring issues such as trademark function, infringement, and the challenges associated with enforcing rights in the digital landscape.

 

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