Misuse of Social Media Logos

Clients and visitors appreciate it if one provides links to their social media profile on the website so that they can learn more about their company and remain up to speed on new developments. However, if the site includes the social media logo, for example, Facebook links or Facebook logos, then you don’t need permission from the social media platform to do so. In order to comply with Facebook’s requirements, you must adhere to the criteria for each Facebook emblem. As recently as a few years ago, intellectual property might be exploited and its owners had no idea about it. All of that has altered thanks to social media giants like Facebook, Instagram and Twitter. A logo is protected by copyright. Not a written piece of content like a book or an essay. Even if it is a copyrighted or trademarked object, it is generally protected. Owners who fail to register their trademark and copyright are the only ones who aren’t protected. Social media logos are all grouped together under the same term, including Facebook, Twitter and LinkedIn, and the other main platforms. To avoid fines and legal repercussions, make sure you abide by the guidelines for the proper usage of social network logos and symbols. In recent years, there has been widespread misuse of social network logos using a variety of ways and strategies. In this article, we’ll look at how social media logos are misappropriated and what remedies social media companies have to combat it.

Introduction

Social media has become an integral component of practically every aspect of our lives. We use it to keep in touch with our aunt who lives across the nation, to spy on a prospective new love interest, and, on occasion, to follow brands and corporations. The design of social media logos is a challenge. As we saw recently with Snapchat’s relaunch, you risk alienating a lot of people when your service is used by hundreds of millions of people on a regular basis. Social media platforms are failing to deal with a slew of other concerns, like false news and online harassment, which may make the idea that you have time to change your logo feel like a slap in the face to the public. Social media sites have only been around for a relatively short period of time, yet most of them have already gone through many logo versions. A trademark or a brand identity conveys a company’s origin, quality, and reputation. It might be anything that customers use to identify a firm or a brand, such as a logo or tagline. The scope of a trademark or a brand identity is far larger than copyright since it encompasses everything that a company or its products might be connected with. As recently as a few years ago, intellectual property might be exploited and its owners had no idea about it. All of that has altered thanks to Facebook and Twitter.

To be sure, trademark infringement is still rife today, but businesses now have a far higher chance of discovering infractions and halting them before they do any damage to their reputations. Trademark abuse is not only bad for the entity that owns the brand or intellectual property assets associated with the trademark. Consumers suffer as well. In other words, trademark abuse is both a commercial and legal issue, as well as an ethical one. Corporate social responsibility (CSR) has made trademark infringement an issue that firms must respond to in today’s world, when not just profits but also the environment and people are at stake.^[1] What does a firm need to do in order to be a decent corporate citizen while both protecting its intellectual property and profits?

Literature Review

There are a variety of valuable assets in your firm. It includes everything from the equipment it has, to its stock inventories, to its customers’ lists and of course, its name recognition. Because it is an intangible asset, don’t undervalue the importance of a strong brand name. Consider well-known brands like Coca-Cola, Apple, and Microsoft, which all rely on their well-known names to drive sales.^[2] Social network icons are a must-have for every website. Even business cards and email signatures now use some kind of “iconography,” as do posters and video commercials. Legalese, for example, must be taken into account prior to applying iconography to any and all assets owned by any firm. Icons for social networking sites like Facebook and Twitter are trademarked despite their widespread use on the internet. They are protected by copyright and brand standards that may be enforced in court. Brands face a new form of challenge as the Internet becomes more important in global business. An online brand misuse is the main danger.

Abuse of a Brand’s Name and Logo

“Brand abuse” is an umbrella word used to describe a variety of criminal activities that each focus on abusing an established brand. To achieve a certain advantage or to harm the brand’s image. Online counterfeiting, as well as counterfeiting of tangible things like watches and apparel, is a frequent form of brand abuse. The criminal will pretend to be a representative of a well-known brand in order to sell products or services. Use of concealed text, META description and tags, and keywords in order to lead site users to an alternate product through organic search results is known as cloaking content. Erroneously indicating an association with the brand, as in the case of “brandjacking.” Use of the company’s emblem in an effort to indicate association with the brand might be the most basic form of this practice. Phishing-style actions, in which the criminal deliberately presents oneself as a genuine brand representative, are at the more extreme end of the spectrum of possibilities. Finding and registering domain names that have a connection to a brand is known as cybersquatting. It’s possible to use a different gTLD for the same domain name. Instead of microsoft.com, you may use Microsoft.ws for example. Alternately, you may set up domain names to capture URLs that have been entered incorrectly. If you’d want to use the domain name “mircosoft.” False websites are created to divert visitors from a brand’s official website to a fake one. This is only a sampling of the most prevalent forms of trademark abuse; there are many more, such as SEO manipulation, PPC abuse, piracy, and traffic interception.

Replication is another common method used nowadays. There are now a lot of bogus websites on the internet. Creating social media logos based on popular sites like Facebook and Instagram are what these websites do. Individuals might be led to malware, advertisements, or other sensitive material by clicking on the cloned logo of the site.

Brand Abuse’s Harmful Effects

Abuse of a brand may harm it in two basic ways. First and foremost, if the brand abuse was carried out in an effort to acquire sales for a competitor product or service, then it will result in a loss of income. The brand’s image may be tarnished, which has a negative impact on goodwill, if the misuse of the brand is done with the intention of harming the brand’s reputation.

What are exactly social media symbols, and why are they so important?

Use social network symbols to engage with consumers across many channels by including them in your digital and physical marketing materials, such as your website and business cards. Unlike share buttons or wordmarks, social media icons are shorthand symbols that connect to your company’s profile on various social networks. First-letter or symbol logos of social media companies are often used as symbols for social media. Consider the Facebook F, Twitter bird, or Instagram camera. Containers for some of the logos are available. Shapes enclosing a letter or symbol are referred to as containers. The company’s official colours are often used to colour the icons, although they may also be seen in monochrome. Customers have come to anticipate and even know where to seek for icon links on firms’ websites due to the extensive usage of these links by enterprises. To avoid intrusive “follow me” pop-ups, use icons instead.^[3] They’re clean and consistent in appearance.

For both online and print advertisements, designers and creatives must take into account how and where social network links and symbols will perform best. Using an icon as a visual connection to the relevant social media accounts is one of the most apparent alternatives. The logos of Facebook, LinkedIn, Instagram, Twitter, and YouTube may be seen all over the internet, on company websites, and even in printed materials. Although it’s a typical concern whether or not these trademarks and designs may be used in any way, and if they can, to what degree.

Incorporate Social Network Symbols into your Marketing Materials the Right Way

Social media symbols, whether used online or off, may serve as a point of access to your company’s social media profiles. Tips and methods for utilising them on various platforms are provided below.

Websites – The header and/or footer of a website are often adorned with social network symbols. To make them even more noticeable, you may set them in a floating left or right sidebar. The-fold symbols have a greater chance of getting seen.

Newsletters and electronic mail – Additionally, using social network icons in your email signature and newsletters allows you to stay in touch and build relationships with your subscribers. If your workplace allows, you may also include a LinkedIn badge on your public profile if networking is essential to you.^[4]

Controlling Misuse of a Brand/Social Media Logo

It may be difficult and time-consuming to stop the abuse of a company’s emblem. As a start, it’s critical to find examples of trademark infringement gone wrong. Action must be made as soon as a form of trademark misuse is found. And since this is a continuous process, identifying and preventing new instances of trademark misuse must be done on a frequent basis. This persistent problem should be dealt with by a third party if you don’t have the expertise or resources to deal with it alone. Having a trademark registered provides the owner with a number of advantages, including the ability to prevent others from using his or her trademark without permission. It forbids anyone from making use of your logo or design in any way. Because of this, the brand name is completely in the authority of the owner. Even after trademarking a logo or a phrase, some other company owners think they can just duplicate it and walk away unscathed. What can you do as a trademark owner if someone steals your logo?

Trademark registration is necessary to safeguard the rights and privileges of the trademark owner and to prevent others from copying the same. By registering your trademark, you may prevent anyone from exploiting your design or emblem without your express permission. Unauthorized storage, copying, distribution, and use of a logo’s artistic work are all prohibited when it qualifies for copyright protection. It’s possible that these works might be utilised for commercial purposes or not. There are two ways in which trademarks may protect a company’s logo from being used by others in the same or comparable products or services; and, if a well-known brand is trademarked, it can also protect it from being used for any other commercial items or services or activities. When it comes to trademark protection, a logo that is being used or intended for use in commerce is given a higher level of protection because of the trade-related nature of the mark.

Because copyright protects against abuse in all forms except those permitted by fair dealing, it seems to be broader than trademark protection, which protects against misuse on items and services, i.e. But copyright protection has limits since anybody who comes up with anything unique, even if it is similar to a previous work protected by copyright, may be entitled to his or her own copyright rights. This is a certain way to avoid the previous copyright holder from restricting the use of the subsequent copyright. So, in contrast to a copyright that prohibits any form of copying, a trademark law fiercely protects the trade-related part of a logo, in that anything identical may be restricted from use even if the original work is copyrighted.

Procedure for Determining whether there is a Conflict

Trademark officials in India are contacted before a copyrightable creative work may be registered as a trademark to ensure that there are no existing trademarks that resemble the copyrightable work. Only once the trademark registrar has checked and approved that there are no trademarks that are identical or similar to the creative work copyright can it be applied for registration. Trademarks cannot be registered if they contradict with copyrighted material. When India’s trademark and copyright rules take into account potential conflicts, there is currently no formal system in place for trademark authorities in India to examine copyright records while assessing trademark applications. While trademark authorities may go through copies of the copyright records, it is impossible to maintain track of previously unregistered copyrights in creative works that may accumulate in newly created works. Accordingly, there is nothing that can be done to prevent identical or similar trademark logos from being registered in favour of other trademarks if the copyright owner fails to maintain a close eye on future trademark applications.

Rights Enforcement in the Event of a Violation

There are remedies for unregistered copyrights and trademarks in India, as well as for registered copyrights and trademarks. Similar criminal penalties apply to copyright and trademark infringements. With knowledge, a person may be prosecuted under copyright law for committing an offence against a trademark. Trademark law in India provides consequences for those who use a fraudulent trademark with the goal of defrauding consumers. Such offences are punished by up to three years in jail and a fine of up to two lakh rupees under both sets of legislation. On the other hand, although the owner of an artistic logo may file a copyright infringement case even if the logo has not been registered, there is no action for infringement of a brand logo that has not been registered. If a reputable, well-known logo is unregistered or registered, passing off proceedings against misuse of the mark might surely be filed. As a common law remedy, any merchants who have built up a reputation and goodwill in connection to their business may file a passing off case against anyone who uses that reputation and goodwill to illegally utilise their trademarks and trade names. If you want to prove your ownership in any legal action, it is important to understand that both trademark and copyright rules treat registration as prima facie evidence.

If a copyright or trademark right is granted to a work in one nation, it can only be used in that country, and not anywhere else. This is known as jurisdiction-specific intellectual property protection. When it comes to international trademark and copyright protection, however, there is a minor distinction between the international IP treaties on trademark and copyright enforcement. A trademark must be registered in each country where it intends to be used, either via a Paris Convention application or a Madrid system international registration. As a result, if a company wants to get trademark protection for its logo in many countries, it must file separate trademark applications in each one. There will be no automatic protection in several countries. When it comes to copyright protection, however, if an artistic trademark logo is protected by the Berne Convention, it will be protected in other nations that are members of the Berne Convention^[5]. Because copyright is immediately granted to all members of the Convention once it is granted to one member, it automatically extends to all other members. As a result, non-members will need to be separately protected, as is the case with trademarks.

Another issue of jurisdiction for protection under both statutes should be taken into account. When it comes to copyright and trademark rules in India, they both take into account the possibility of disputes that may develop. Some foreign countries may not be able to determine whether an identical or similar logo is already protected by copyright, registered or unregistered, during a trademark’s office action or the other way around because of various rules and processes under both their laws.

Conclusion

When it comes to branding, why do we conceive of social media sites in such diverse ways? To me, it’s a result of our treating them as if they were our own. All of my social media accounts may be found here. Even if we’ve become used to utilising these platforms as our own personal pages, we still think of them as such since they’re so ubiquitous. Companies that have built brands own social media channels in the end. Their technology is freely available for us to utilize. Monitoring the brand and brand assets, especially online, is an important aspect of intellectual property and brand reputation protection. That being considered, I doubt any of the major social media networks would sue anyone for making their logos pink on an unassuming portfolio site. But gross misuse should be taken care of. Websites for prominent brands and design and technology blogs were found to be breaching the standards when a cursory scan was taken. The issue is one of respect, in my view. Keep to the rules as much as you can. Colors that “clash” with your site’s design aren’t likely to annoy users, since they see these symbols every day. Most of the above-mentioned businesses feature black and white symbol selections that are totally appropriate for your design. Icons should only be changed when required and as little as possible if you’re going to do so.

In the digital world, “your brand name is 10 times more valuable than it is in the actual world,” says Brandy Thomas, CEO and chairman of Cyveillance Inc., whose technology protects businesses against devaluation and loss of market share due to abuse. You have a physical location that clients may visit in order to create an impression of you in the real world, says Thomas. Your personal brand is all you have while you’re online. Having a trademark is essential for every company, since a representation or identity of a brand is a commercial tool. For an identity to be considered a brand identity, it must be capable of graphical representation, must not be generic or descriptive, and must not be in conflict with any earlier trademarks. An individual company owner may seek legal protection for his several identities, which are protected indefinitely. It’s possible to get copyright protection for a brand logo if it has unique creative and aesthetic qualities, and in such circumstances, copyright law may be used to enforce the rights of the copyright holder. Trademark and copyright registrations have a significant impact on the outcome of legal proceedings. It would be the best plan for any company owner, therefore, to get statutory trademark rights as well as copyrights for their distinctive brand logos under the law.

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References:

[1] Gunelius, S. (2014, March 28). How brands protect their reputations by combatting trademark misuse. Forbes. Retrieved December 10, 2021, from https://www.forbes.com/sites/work-in-progress/2014/03/28/how-brands-protect-their-reputations-by-combatting-trademark-misuse/?sh=36d. 

[2] Brand abuse explained. SiteTakedown. (2017, March 29). Retrieved December 10, 2021, from https://www.sitetakedown.com/brand-protection/brand-abuse-explained/.

[3] Propleaks. (n.d.). Retrieved December 10, 2021, from https://propleaks.com/kiyku/youtube-icon-black-and-red-c837db.

[4] Schäferhoff , N. (2019, May 7). Button Design Guide: How to design buttons that convert. Elegant Themes. Retrieved December 10, 2021, from https://www.elegantthemes.com/blog/tips-tricks/button-design-guide-how-to-design-buttons-that-convert.

[5] Katarki, S., Thakur, A. V., & Vasanth, H. (2016, August 4). Brand logos – to trademark or copyrıght – intellectual property – India. Mondaq. Retrieved December 10, 2021, from https://www.mondaq.com/india/trade-secrets/516576/brand-logos-to-trademark-or-copyr305ght.