Social media has transformed from a mere entertainment platform to a significant income source, with influencers at the centre of this economic shift. Intellectual Property (IP) laws, particularly trademark laws, play a crucial role in maintaining the integrity of these online identities and helping influencers protect their brands. A trademark, as defined under India's Trademark Act of 1999, distinguishes the goods or services of one entity from others and safeguards brand identity—an asset in today's competitive social media landscape.
INTERSECTION OF TRADEMARK AND SOCIAL MEDIA INFLUENCERS
There is a nexus between Trademark and Social Media Influencers. For influencers, building a unique brand identity is essential. With millions competing for followers, establishing and protecting this identity is important. Since there are now millions of people in this rat race, making distinct identity is challenging. Trademark law offers influencer protection against imitation, allowing them to trademark elements such as usernames, channel names, logos and tagline, provided they are used commercially. There are high chances that people might copy established influencers brand or ideas to gain followers. To safeguard influencers from such imitation, trademark law provides essential protection.
Influencers can apply for registration of trademark for various things such as their username, series name, channel name in YouTube, logos or any tagline they use. But these can only be trademarked if it is being used for purpose of advertisement or entertainment. This will help them to protect their originality. When registration of these marks will be completed, it will be enforceable like any other trademark. This development will ultimately benefit creators by enhancing their online discoverability, making it easier for audiences to find and connect with them.
There are few Indian celebrities that have trademarked their name to protect their personal brands, such as Sanjeev Kapoor trademarked 'SANJEEV KAPOOR KHAZANA' and Sachin Tendulkar trademarked his initial 'SRT.' 1
The case of D.M. Entertainment v. Baby Gift2 house emphasized the importance of trademark registration in the digital age. Daler Mehndi, a well-known singer, sought to prevent unauthorized use of his name through an unsanctioned use of his name through an unsanctioned dalermehndi.net.' The Delhi High Court ruled in favour of renowned singer, recognising his intellectual property rights and holding defendant liable for unauthorised use, protecting his brand from commercial exploitation.
Creators can also Trademark their own brand or merchandise they have. Nowadays, almost all influencers are launching their own brand and thus need protection for it. Trademark will not only provide brand security but will give them unique identity. It is of utmost importance to protect your brand and social media identity so that people will follow creator for their originality and that will ultimately help them to grow and earn. Utilization of trademark by social media influencers also exposes them to potential legal vulnerabilities with respect to trademark. There are chances that unintentionally or intentionally, they might infringe trademark.
TRADEMARK ISSUES COMMONLY FACED BY SOCIAL MEDIA INFLUENCERS
The social media influencers are at risk of unintendedly trademark infringement. Influencers usually advertise and promote brands, creating an impact on the minds of the audience Advertising any brand or product stating facts that are fallacious, can result into trademark disparagement and will amount to infringement as it is harming the reputation of the brand.
In the case of Marico Limited vs Abhijeet Bhansali3, Youtuber, Abhijeet Bhansali's, critical review of Marico's product "Parachute" resulted in legal action, as Marico argued that it harmed their brand image. This case underscores the potential for reputational damage and legal liabilities influencers face when using brand trademarks without proper authorization.
To prevent such issues, influencers must obtain explicit consent before featuring or reviewing branded content. Unauthorized endorsements, misrepresentation, and use of incorrect logo, product names, or branding elements can easily lead to legal challenges. For brands, monitoring influencer activities is crucial to protecting trademark integrity and minimizing risks of brand dilution. usage confuse consumers, damaging reputation and trust. Social media's rapid content spread amplifies these risks, potentially causing swift and widespread damage. Companies must vigilantly monitor influencer activities to protect trademarks and maintain brand integrity. Failure to act can erode brand equity, market share, and financial value. This infringement could be avoided if taken proper care and followed rules.
CONSIDERATION FOR INLFUENCERS TO AVOID TRADEMARK INFRINGEMENT
As the engagement of the influencers is increasing with brands, it is important to avoid unintended trademark infringement. To avoid infringement, influencers should adhere to several best practices within legal boundaries while maintaining credibility with their audience:
- Seek Permission: Prior to featuring branded products, logos or any trademarked content, influencers should secure explicit permit from the brand. Obtaining written consent minimizes the risk of unauthorized use, allowing influencers to showcase products in alignment with brand expectations. Collaborating directly with the brand representatives can also help define the terms of usage and avoid legal disputes.
- Avoid Misrepresentation: To prevent misleading the audience, influencers should avoid implying any endorsement or partnership with brand unless specifically authorised. Ensure content does not imply brand endorsement unless explicitly authorised. Misrepresentation can occur when influencers present a product in a way that suggests they are officially affiliated with or sponsored by the brand. Clear boundaries between personal opinions and official sponsorship protect both influencers and brand from reputational harm.
- Use Clear Disclosures: Transparency is essential to build trust in influencer marketing. Disclosure such as 'paid partnership,' 'ad', or 'sponsored' are essential for signalling that a post if financially incentivized. This is required by not only advertisement regulations in many countries but is also in line with the Trademark laws.
- Distinguish Original Content: Influencers should be cautious when creating visuals, logos, or designs for their own brand to avoid closely resemblance by any other established brand. Developing unique, original content not only sets influencers apart but also helps them build a distinctive brand identity free from legal risk
- Avoiding Product Disparagement: While reviewing or discussing product, influencers should take care to be factual and avoid exaggerated negative statements that could harm a brand's reputation. Negative review that crosses into defamatory territory can lead to trademark disparagement claims. Remaining professional, constructive, and balanced in product critiques is key to preventing such conflicts while ensuring the influencer's content remains credible and objective.
By adhering to the abovementioned guidelines, influencers not only protect themselves from legal consequences but also enhance their professional reputation. Demonstrating respect for brand trademarks and using transparent, original content strengthens the relationship between influencers and brands, contributing to sustainable growth and trust in the influencer's audience.
EMERGING TRENDS AND KEY TAKEAWAYS
The growing influencer-brand relationship has heightened regulatory scrutiny and the rise of AI tools to examine trademarks and their use more effectively across social media in branding monitoring presents both challenges and opportunities. Tools now enable brands to scan social media for unauthorised use, making it easier to protect trademark. Additionally, the rise of virtual and micro-influencers has added complexity to trademark management. Given the variations in trademark law across regions, brands and influencers benefit from formalized agreements that clearly define usage rights, responsibilities and legal protections.
In a nutshell, trademark protection in influencer marketing will safeguard both a brand and influencer integrity. This highly dynamic environment of social media compels brands and influencers to adapt continually, stay informed of legal guidelines, and take proactive measures to maintain trust and originality in their branding efforts
Footnotes
2. D.M. Entertainment v. Baby Gift CS (OS) No. 893/2002
3. Marico Limited vs Abhijeet Bhansali COMIP NO. 596 OF 2019
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.
