From Endorsement To Infringement: Trademark Law And Social Media Influencing
- IJLLR Journal
- Jun 13
- 1 min read
Garvita Singh, B.Com LL.B., Institute of Law, Nirma University
ABSTRACT
With the growth of influencer marketing, trademark law has taken on a new set of challenges. Social Media Influencers (SMIs) promote brands, make use of third-party marks on social media platforms and are operating in a legal vacuum, well beyond the scope of existing laws. This article compares the concept of trademark law across India, the United States and the European Union with regard to the context of influencer marketing. It examines the nature and functions of trademarks, statutory provisions that regulate trademark protection in the digital environment, major cases and the particular legal issues arising from factors of influencers like use of marks without permission in posts, fake promotion, hashtag misuse and dilution. The article discusses that though Indian courts have began to take from traditional trademark law to apply to the digital space, the current law has a lot of shortcomings in the digital areas, including platform liability and liability of influencers. Based on comparative study with the US and EU, the article argues for necessary legal framework changes and need for platform accountability, focus to ensure the protection of trademark interests within the influencer context.
Keywords: Trademarks Act 1999, Social Media Influencers (SMIs), Influencer Marketing, Trademark Infringement.
