From Followers to Fakes: What Social Media Means for Your Brand
Social media has revolutionised the way businesses build and promote their brands. Platforms like Instagram, TikTok, LinkedIn, and X allow start-ups and established brands alike to connect directly with millions of users — instantly, creatively, and often unpredictably. But with this visibility comes a unique set of risks: brand impersonation, fake profiles, hashtag hijacking, influencer misconduct, and rapid misinformation.
As trade mark practitioners advising brand owners across all business sectors, we see how social media can both propel and threaten brand value. In this article, we unpack how businesses can proactively protect their brand assets in this volatile digital landscape, and why trade mark strategy must evolve in tandem with digital culture.
1. Social Media Is Not Just a Marketing Channel — It is a Breeding Ground for infringement
Social media amplifies brand exposure, but it also magnifies infringement. Common threats include:
Unfortunately, many businesses still treat brand protection as a static exercise — secure a trade mark, and forget it. But in the social media age, trade mark strategy must be proactive, ongoing, and digitally integrated.
2. Register Smart
First, ensure your core brand assets — brand names, logos, slogans, distinctive hashtags — are registered as trade marks in relevant jurisdictions. But go beyond the mere essentials. Think about:
Registering a hashtag is only possible where it is considered distinctive and functions as a brand. But even where registration isn’t feasible initially, consistent and exclusive use can build enforceable rights over time (e.g. in Ireland, UK and USA).
3. Monitor Like a Hawk — Especially During Campaigns
Set up automated alerts and monitoring services for:
Social media is a 24/7 environment. Brand owners should enlist the help of professional monitoring companies and legal providers who offer social media-specific brand surveillance. It is important to be notified of infringements quickly so that you are in a position to take swift action.
4. Enforce Strategically
When brand misuse occurs, legal action may be appropriate — but a takedown notice or cease-and-desist letter must be tailored to the platform, the infringer, and the optics.
A good rule of thumb is:
Above all, don’t treat enforcement as purely reactive. Educate your marketing team and influencers about proper brand usage, including how to reference your trade marks online.
5. Your Trade Mark Is Not Just a Legal Right — It is a Community Asset
Brand value now depends heavily on social engagement, co-creation, and community perception. This means your trade mark isn’t just what you own, it’s how people interact with your brand — sometimes in unexpected ways.
Ask yourself:
Striking the right balance between enforcement and openness is part of modern brand stewardship.
6. Look Beyond the Logo: Influencer Conduct & Reputation Risk
Influencer partnerships can supercharge reach — but also expose your brand to reputational damage if an influencer behaves badly, misrepresents your product, or uses your brand name in misleading ways.
Ensure all collaborations are governed by contracts that:
An influencer misstep can go viral a lot faster than a court case can begin. Prevention is not just more cost effective — it’s essential.
Conclusion
In a world where a single tweet can define public perception, brand protection must be agile, tech-savvy, and reputation-conscious. Traditional trade mark law still applies — but it must now be wielded with digital fluency and strategic finesse.
Whether you're a start-up with a niche following or a household name with millions of fans, your brand is only as strong as your ability to protect it in the spaces where your audience lives, shares, and scrolls. If you need help with IP strategy, brand protection and digital enforcement, please contact FRKelly. We have a strong track record in all of these areas.
