Brandjacking on Social Networks: Trademark Infringement by Impersonation of Markholders

As social media platforms proliferate, trademark holders face unauthorized use of their marks through "brandjacking"—the creation of fraudulent accounts and pages impersonating brands. This article examines whether federal trademark law adequately addresses infringement by impersonation on sites like Facebook, Twitter, and MySpace. The author analyzes the legal doctrines governing trademark infringement and dilution under the Lanham Act, exploring whether courts will find infringing use where a mark appears in a username without authorization. The article argues that while current trademark doctrine may technically permit such claims, courts remain uncertain whether consuming marketplace expression falls within protected speech under the First Amendment. The author proposes that trademark law should be refined to clearly apply to brandjacking while respecting legitimate fair use and speech interests in online contexts.

Topics: Intellectual Property · First Amendment

Keywords: trademark infringement · brandjacking · Lanham Act · social networks · dilution · username squatting · First Amendment