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Trademarks and Social Media
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Trademarks and Social Media

Towards Algorithmic Justice

9781783479535 Edward Elgar Publishing
Danny Friedmann, Faculty of Law, The Chinese University of Hong Kong
Publication Date: 2015 ISBN: 978 1 78347 953 5 Extent: 400 pp
Legal conflicts between trademark holders, social media providers and internet users have become manifest in 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.

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Critical Acclaim
Contents
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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.
Critical Acclaim
‘This timely monograph not only shows the need to adapt trademark law and enforcement to social media and the ever-evolving digital environment, but also why the existing legal regime fails to offer trademarked logos adequate protection. Refreshing, provocative and passionately argued, the book will be of interest to anybody interested in intellectual property law and policy and the interplay of law and technology.’
– Peter K. Yu, Drake University Law School, US

‘Friedmann has produced an innovative and thought-provoking monograph which defies conventional wisdom and accepted norms. Friedmann’s innovative perspective on managing the challenges between trademark holders, online service providers and internet users is built upon his thorough analysis of the legal landscape and technology-related trends. What makes this research so unique and intellectually stimulating is the standard Friedmann dares to set for a solution – a paradigm shift for the trademark logo, with automatic and scalable enforcement and strict liability for online service providers.’
– Bryan Mercurio, The Chinese University of Hong Kong
Contents
Contents: 1. Introduction PART I STAGE, PROTAGONISTS AND LEGAL CONFLICT 2. Stage of the Legal Conflict 3. Protagonists of the Legal Conflict 4. Analysis of the Legal Conflict PART II INADEQUACY OF THE LAW 5. Trademark Infringement and its Defences 6. Trademark Dilution and its Defences 7. Intermediary Liability PART III PARADIGM CHANGE 8. Moral Right of Integrity 9. Implementation of a Paradigm Shift 10. Conclusions Bibliography Index




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