Biyernes, Hulyo 15, 2011

Would it be appropriate for a broadcast company to say follow them on a particular social networking site?

With the emergence of social networks such as twitter and facebook it opened new avenues where ideas and opinion can be expressed. The phrases “follow us on Twitter” or “Like us on Facebook" became broadcasters' words who want to encourage their viewers to interact with them via Facebook or Twitter accounts.

Twitter and Facebook are trade name, as defined in the Intellectual Property Code of the Philippines section 121.3 "Trade name" means the name or designation identifying or distinguishing an enterprise. The elements of the infringement of trade name are the following: a) actual use in the commerce in the philippines and registered in the intellectual property office, b) use by another person in connection with sale, offering for sale, or advertising of any goods, business or services in connection with such use is likely to cause confusion or mistake or deceive purchasers or others; c) the trademark is used for identical or similar goods; and d) such act is done without the consent of trademark registrant or assignee. So if broadcasting companies would announce their names does not violate any trade mark law but gives preference over other social networks by way of advertisement.

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