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

My Legal Opinion (Reaction paper in Tech & the Law)

The use of a particular social networking site by a broadcasting company under such circumstance is not appropriate. Social networking sites are known by their trade names (e.g. twitter or facebook). Under the law, trade names are any individual name or surname, firm name, device or word used by manufacturers, merchants, and others to identify their business, vocations or occupations. ¹ It is attached to natural or juridical person who does business and produces the goods or services. It identifies and distinguishes an enterprise. There is no need to register in order to secure protection from unauthorized use.

Trade names are expressly protected by RA 8293 “Intellectual property Code”. Under Section 165.2 “(a) Notwithstanding any laws or regulations providing for an obligation to register trade names, such names shall be protected, even prior to or without registration, against any unlawful act committed by third parties. (b) In particular, any subsequent use of the trade name by a third party, whether as a trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public shall be deemed unlawful (emphasis supplied).

Furthermore, Section 169.1 provides “ Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of facts, which (a) is likely to cause confusion, or to cause mistake, or to deceive as to affiliation, connection, or association of such person with another person, or as to the origin, sponsorship or approval of his or her goods, services, or commercial activities by another person; (emphasis supplied)

An action for infringement may therefore be maintained without proof of anything more than the right to the exclusive use of the registered mark or trade name and that the defendant has violated it. No allegation of proof of fraud or intent to defraud is necessary.²

In this case, the use of the trade name of the social networking sites by a broadcast company creates a likelihood of confusion of business work. Such reference to the trade name of the social networking sites would cause mistake, or deceive or mislead the public as to their affiliation, connection, or association or sponsorship of the services of the broadcasting company. Therefore, such use may be deemed unlawful.

¹ Converse Rubber Corp. v. Universal Rubber Products, Inc. G.R. L-27425, L-30505, April 28, 1980

² Compania General de Tabacos v. Alhanbra Cigar, Co., 33 Phil 485 (1916)

                                                                                 By: Antonio Francis G. Chua
                                                                                       Law Student-SN: 2008-0073
                                                                                       Arellano University School of law

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Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent anyone. This work is intended as a legal opinion for the satisfaction of the requirements in the subject Technology and the Law.