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Challenges Of Trademark Protection In A Digital Era Dominated By Social Media And Influencer Marketing




Amama Waseem, BBA LLB (Hons.), University of Mumbai Law Academy


ABSTRACT


The research being investigated examines the evolving issues of trademark protection in the digital age, where social media and influencer marketing dominate consumer engagement. Traditional legal frameworks, such as the Lanham Act and the EU Trademark Regulation, are struggling to manage new concerns like as unauthorised use, dilution via influencer affiliations, and confusion caused by hashtags, keyword advertising, and geotagging. The study demonstrates how the global character of internet platforms complicates enforcement and undermines jurisdictional coherence. It also looks at technological and contractual methods, such as AI-powered monitoring, blockchain authentication, influencer agreements, and disclosure compliance, as proactive trademark protection measures. Looking ahead, the rise of virtual influencers and AI-generated content offers new challenges to authenticity and brand value. The study concludes that effective trademark protection in the digital era necessitates a hybrid strategy that combines legal change, technological innovation, and collaborative governance to assure the ongoing preservation of brand identity and customer trust.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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