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 course will guide trademark counsel on the use of trademarks as hashtags. The panel will examine the pros and cons of using a mark as a hashtag. The panel will discuss 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.
- Can a hashtag function as a trademark?
- Using one's own trademark as a hashtag
- Pros and cons
- Fair use and other considerations when determining whether to use the mark as a hashtag
- When can the use of a hashtag give rise to liability?
- Case examples
- Approval process
- Monitoring marks
- IP protection
- Can it be registered as a mark? Should it be?
- Enforcement considerations
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?
- What should a brand owner consider before using a hashtag?
- What are some best practices for the protection of your hashtags?
David A. Bell
Partner, Chair - Trademark Practice Group
Haynes and Boone
As the chair of the firm’s Trademark Practice Group, Mr. Bell is called upon by multinational corporations and... | Read More
As the chair of the firm’s Trademark Practice Group, Mr. Bell is called upon by multinational corporations and emerging companies to provide knowledgeable and creative counseling and protection for their brands. He builds and enforces trademark applications and other intangible assets worldwide. This includes through litigation, TTAB proceedings, foreign legal proceedings, and administrative domain name proceedings. Mr. Bell has extensive experience with international and complex trademark clearance searches. With a robust depth of trade dress knowledge, he clears and protects designs for products, packaging, and service businesses, including for footwear, apparel, foods and beverages, cosmetics, and restaurants.Close
Stephen J. Coates
Mr. Coates is an expert on areas surrounding trademarks, copyright, domain names, unfair competition, marketing,... | Read More
Mr. Coates is an expert on areas surrounding trademarks, copyright, domain names, unfair competition, marketing, technology products, as well as litigation surrounding these topics. While at Amazon.com, he and his team managed trademarks for a diverse array of industries and the company’s domain portfolio. He served as Twitter’s first IP counsel and managed the trademark, marketing, domain and internet governance practices.Close
William R. Samuels
Mr. Samuels, Chair of the firm’s Copyright and Trademark Practices, is a seasoned intellectual property attorney... | Read More
Mr. Samuels, Chair of the firm’s Copyright and Trademark Practices, is a seasoned intellectual property attorney who devotes his practice primarily to copyright and trademark law, tailoring strategies and protection plans to achieve each respective client’s goals and business objectives. He began his legal career in San Francisco as outside general counsel to various startup companies, advising them on intellectual property, business strategies, and general corporate matters. Mr. Samuels has extensive experience in all aspects of domestic and international IP matters, including trademarks, copyrights, patents, IP enforcement and defense, IP licenses and agreements, domain names, software services, counterfeit protection, unfair competition, and IP counseling and audit services.Close