Social media, such as Facebook, YouTube and Twitter, have transformed the way brands interact with consumers, offering an unprecedented opportunity for brand development. However, this exposure also carries risks in terms of brand protection. It is common for consumers to share and promote brands, but misuse of brands can also arise. For example, a company might face misappropriation of its brand in a Facebook URL or Twitter account.
To protect brands on social media, it is recommended to follow several strategies. First, it is crucial to conduct thorough searches to ensure that no other business is claiming exclusive rights to your desired brand name, slogan, or hashtag. This can avoid future legal disputes and protect the brand’s reputation. Additionally, it is advisable to register your brand and company name on major social media platforms such as Facebook, Instagram and Twitter to establish clear intellectual property rights.
It is essential to actively monitor brands on social media to identify and address any misuse. If an account is found to be infringing a client’s trademark, legal action may be taken, such as sending a cease and desist letter or following the procedures set forth by the social media platform in question. It is also important to develop an internal social media policy that includes a procedure for addressing trademark infringements and establishes a clear escalation and communication structure with the relevant authorities.
Furthermore, it is suggested that technological tools offered by social media platforms be leveraged to resolve trademark infringement allegations more economically and efficiently than through litigation. For example, Twitter has strict policies against impersonation and brand infringement and provides mechanisms for reporting and resolving these issues. Being cautious and avoiding unnecessary litigation is also important, as an overly aggressive response can damage the brand’s reputation.
In countries such as Peru and Colombia, authorities have published specific guides for influencers that address legal and ethical aspects of using brands on social media. These guides can provide additional guidance on how to properly protect and promote brands in this digital environment.
In Spain, brands and influencers must comply with current regulations regarding advertising and brand protection. Regarding advertising, the General Advertising Law establishes that all advertising must be truthful, legal, honest and respectful of human dignity. In the case of influencers, this means that they must clearly identify when they are advertising or promoting products or services, using tags such as #ad, #advertising, #sponsored, among others, in a visible and clear way.
In the United States, regulations related to brands and influencers are generally similar to those in Spain, but with some important differences. Regarding advertising, the Federal Trade Commission (FTC) is the agency in charge of regulating advertising in the United States and has established specific guidelines for influencers. Under these guidelines, influencers must clearly and conspicuously disclose when they are promoting products or services in exchange for compensation, whether cash, free products, or discounts. Disclosures must be honest and not misleading and must be posted where consumers can easily see them.
In Argentina, regulations related to brands and influencers also exist and are similar to those in other countries. Regarding advertising, the Consumer Protection Act establishes that all advertising must be truthful, not misleading, and must respect human dignity. This means that influencers must clearly identify when they are advertising or promoting products or services, using tags such as #advertising, #sponsored, among others, in a visible and clear manner. With more than 40 years of experience and the support of more than 500 satisfied clients, Fernández Lacort is here to offer you expert advice on any business or intellectual property related issue in the world.