Michael Morris, Senior Associate
There has been significant discussion in relation to the impact of the Internet on trade marks and brand protection, with every "next big thing" posing new challenges to brand owners.
The challenges began with issues such as unauthorised trade mark use in domain names ('cyber squatting'), and then the use of marketing tools using third parties' brands to attract customers through the use of 'adwords' and 'metatags'.
The current hot topic is the Twitter network, which is increasingly becoming the new paradigm of social networking in the Internet. Developed from the concept of a simpler and quicker way to be in touch with friends and the world at large, Twitter is quickly becoming an important marketing tool to businesses, as an obvious consequence of its increasing success.
Companies are realising the importance of protecting their brands in the "Twitter world", to anticipate cyber squatters who, more easily then ever, can use this new social network concept to take advantage of other parties' trade marks.
While Twitter's terms of use contain provisions to prevent the violations of law in any jurisdiction, they may be of limited efficacy when it comes to unauthorised use of someone else's trade mark.
Coca-Cola recently illustrated its might against "Twitter squatters", when it received a positive reaction to a complaint of trade mark squatting through the Twitter network and successfully persuaded Twitter to trigger its right to terminate accounts which were using Coca-Cola's brands without its authorisation.
However, it remains to be seen whether the same reaction can be expected in relation to similar issues involving trade marks which do not carry the same weight as the Coca-Cola brand.
Except for Twitter's own initiative, it is virtually (no pun intended) impossible in a practical sense for an Australian company to prevent third parties anywhere in the world from using its brands to their own benefit.
Anyone can open an account in Twitter and name it in any way they like. The registration process is in practical terms anonymous and free of charge, which makes it very difficult for aggrieved parties to effectively identify Twitter's account holders and enforce their rights against them.
In the murky waters of brand protection in the Internet, a proactive approach is necessary to protect your brands. This of course should not be limited to seeking registered trade mark protection. It is also strongly recommended that companies which value the integrity of their brands take steps to secure the accounts in Twitter and other such sites using their brands, which may be necessary to obtain brand protection in this increasingly important space. Such steps can help prevent unnecessary damage to your brand.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
