September 2020
IP Law Daily
From a legal perspective the issue of hashtag trademarks is now a little more than a decade old. It has lost a bit of the excitement it had just five years ago, but it still bears indicia of being a valuable legal and commercial tool. This article attempts to demonstrate why, if deployed correctly, traditional trademark laws and procedures—with only minor modifications—are up to the legal task of registering and enforcing investments in hashtag trademarks on par with other common types of trademarks. In an attempt to answer the question why trademark a hashtag, this article explores the history of hashtag trademarks, the history of the hashtag and then how hashtags use a rhetorical technique called narrative metalepsis (#what?) to help authenticate customer engagements and build brand loyalty with particular goods and services, on and off social media.
Read the full article here.
Originally printed in IP Law Daily in September 2020. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm's clients.
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