Hashtag Trademarks: Legal and Practical Implications of Use by Brand Owners or Third Parties
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide trademark counsel on the use of trademarks as hashtags. The panel will examine the pros and cons as well as the implications of using a mark as a hashtag. The panel will discuss the considerations for determining whether to use a mark as a hashtag, how to use it, and the steps to take to protect the mark when using it as a hashtag. The panel will also address the pros and cons of registering hashtags as trademarks.
Outline
- Can a hashtag function as a trademark? Can it be registered as a mark? Should it be?
- Court treatment
- Using a trademark as a hashtag
- Pros
- Cons
- Implications and considerations when determining whether to use the mark as a hashtag
- Can use of a hashtag be considered trademark infringement?
- Court treatment
- Monitoring marks
- IP protection
- Protecting a mark when using it as a hashtag
Benefits
The panel will review these and other key issues:
- What considerations should brand owners and their counsel weigh when determining whether to use a trademark as a hashtag?
- Can a third party's inclusion of a brand's hashtag trademark in a social media post be considered trademark infringement?
- How can hashtags be protected? Should you register your hashtags as a trademark?
Faculty
Heather A. Antoine
Founder
Antoine Law Group
Ms. Antoine’s practice is focused on the intersection between internet law and intellectual property. She has... | Read More
Ms. Antoine’s practice is focused on the intersection between internet law and intellectual property. She has experience in a broad range of matters. Ms. Antoine has litigated cases in state and federal court and has successfully handled trials, arbitrations and mediations, as well as hundreds of depositions and law and motion hearings. She is a frequent author and lecturer on a variety of legal topics related to internet law, IP and social medial issues, among others.
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Marc P. Misthal
Principal
Gottlieb Rackman & Reisman
Mr. Misthal counsels a wide range of clients from around the world, including businesses in the fashion, apparel,... | Read More
Mr. Misthal counsels a wide range of clients from around the world, including businesses in the fashion, apparel, computer technology, restaurant, entertainment, jewelry, luxury goods, furniture, cosmetics, retail and consumer goods industries. As part of his practice, Mr. Misthal has represented clients in federal courts around the country, defending and prosecuting claims of trademark, trade dress and copyright infringement, and, when necessary, obtaining injunctive relief. He has also represented clients in opposition and cancellation proceedings before the USPTO and in proceedings under the Uniform Domain Name Dispute Resolution Policy. Mr. Misthal’s experience also includes negotiating license agreements, working with law enforcement to combat counterfeiting, filing and prosecuting trademark applications before the USPTO and filing applications to register copyrights with the U.S. Copyright Office.
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