When Will Twitter Also Take Trademarked Logos into Consideration?
A lot of people have noticed some heated pushback clothing retailer GAP has been taking today on Facebook after it announced a new logo change. So far the company has only introduced the new logo to their website, but it may start getting rolled out to stores. The issues inherent in changing a well-known brand aside, it seems some customers and Facebook fans have gotten rather angry at the change. One person went so far as to create a fake twitter account for the @GapLogo, with the byline, “I have feelings, too. Jerks.”
Funny as this may seem, this is a clear case of trademark infringement on GAP’s logo. This person has decided to not only take a trademarked image, but attach it to a branded twitter account and impersonate (no pun intended) the company logo. It’s a clear case of trademarked logo infringement and cybersquatting on a social network.
This isn’t the first time we’ve seen this on Twitter if you remember the @BPglobalPR twitter account. Also created with a sarcastic tone, someone decided to not only poke fun of BP’s handling of the oil spill and its public relations nightmare, but they again used BP‘s trademarked logo. Instead of just taking the logo, they made it black and white and added a few oil drops dripping off of it to add insult to injury.
Twitter does have a Trademark Violation Policy, which states “Using a company or business name, logo, or other trademark-protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a trademark policy violation.” They do assert they will suspend or release an account in violation, but they appear to be either very slow or very reluctant to take any action on this policy.
So the question remains, what kind of protection do brand and trademarked image owners have on Twitter and other social networks? With major Fortune 500 businesses having their logos misrepresented while Twitter staff just stands idly by, what do you think will become of your brand or trademarked image in social media if someone decides to target your company?
Barry Wise is co-founder of the social media trademark and brand protection firm KnowEm.com. KnowEm specializes in protecting trademarks in social media and provides free searches for username and domain name availability.
Twitter stance on things and what they do are two different things altogether. As long as the account in question is satirizing the brand, there is nothing they can do.
I think the key words in their policy, which you posted above, are important: ‘that may mislead or confuse others with regard to its brand or business affiliation may be considered a trademark policy violation’
The oil drenched BP logo does not attempt to mislead or confuse anyone, it is a pretty clear message.
Hi Dude and Mark; it’s not just a case of twitter allowing a satirical account to occur, or even a question of those accounts being misleading. The real question is in the use of a trademarked logo for anything other than its owner’s intended purpose. Twitter can allow or not allow anything it wants, but trademark laws can supersede their terms of use policy.
It was my understanding that satire got a pass for such things. they can use the logo and distort it so long as they are poking fun at it. SNL does this all the time. Trademark infringement requires proving intent, not just use.
Ryan; I suppose we would have to let a trademark attorney answer that one. I do understand where you’re coming from with intent vs. satire in terms of libel/slander, though.
Ryan’s right here, I think.
I think there’s leeway for satire. If you set up a fake rolex account with rolex branding to sell your knock-off watches, you’d be punished. However if you’re playing it for a laugh, you’ll (rightly) be ok.
Is there really a serious likelihood of confusion? I doubt it.
Spontaneous, engaging and current convent is the lifeblood of Twitter. They are not about to staunch the flow without compelling legal reasons.