Social media law 101 |
brandjacking
Brandjacking is the action of assuming or acquiring the online identity of another entity. Typically this is done to destroy the reputation of their target or to leverage that reputation for the brandjacker’s own gain. Effects of brandjacking include financial damage, loss of clients and market share, and ultimately negative brand reputation. Cybersquatting is a similar tactic, whereupon a domain name is registered or used with the intent to profit from the trademark belonging to someone else, and is regulated under the Anticybersquatting Consumer Protection Act.
Each social media platform has specific protection rights when terms of service are violated, which can be used to fight trademark infringement or defamatory content. Facebook, for example, has very specific rules regarding this issue. Their official terms state that a brand or entity page may only be administered by an authorized representative, and that a user can create a page to express support or interest in a brand or entity, but they must make it clear the page is not official, must not speak or post as though the brand, and they must not be misleading. It is also important to note that some social media sites or webpages which might seem to practice brandjacking may in fact be protected under the First Amendment, such as complaint or gripe sites.
Suggestions to avoid brandjacking: proactively register your brand name across all social networks, have a clear plan in place and to set clear boundaries for how far you are willing to fight certain issues.