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INTA ACC Social Media Right Protection Mechanisms Study
EXECUTIVE SUMMARY 2
OVERVIEW 5
DIRECT REPORT LINKS – TRADEMARK, COPYRIGHTS AND COUNTERFEIT REPORT 8
DIRECT REPORT LINKS – IMPERSONATION, USERNAME AND OTHER ISSUES 11
COUNTERFEIT REPORT - SIGNIFICANTLY DIFFERENT REQUIREMENT FROM TM INFRINGEMENT REPORT? 14
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Executive Summary
Purpose and Scope: The expanding use of social media presents myriad opportunities to reach consumers, both for legitimate and illegitimate businesses alike. It is therefore unsurprising that counterfeiters are increasingly turning to social media platforms to promote and sell their goods, just as they once relied on flea markets and other back-alley sales environments. For this project, we conducted a review of the available policies and right protection mechanisms offered by a selection of 21 social media platforms to trademark owners looking to report counterfeit activity occurring on those platforms. These 21 platforms were selected based on their popularity among consumers and on the ability of counterfeiters to list goods on the platform, based on the collective knowledge and experience of the project team members. We compiled the results of our review into a comprehensive summary, which includes a collection of links to the relevant infringement reporting forms offered by each platform, along with an outline of the specific elements required for reporting counterfeits on those platforms. Summary of Findings: Nearly every social media platform reviewed by this project team provides some mechanism by which a trademark owner can file an infringement report against an identified counterfeiter. Only 2 of the platforms provide no such mechanism. Most of the 21 platforms reviewed offer multiple reporting mechanisms to address different types of infringement (with 19 platforms providing a mechanism for copyright infringement, and 16 platforms providing a mechanism for trademark infringement). 11 of the 21 platforms reviewed provide a specific mechanism for addressing counterfeit goods. Of the platforms providing one or more infringement reporting mechanism, 15 provide an online reporting tool to facilitate infringement reports, while others rely on a designated email address for receiving such reports. Most of the platforms (16 out of 21) provide their reporting forms or infringement reporting policies in multiple languages, English being the most popular language. Best Practices/Recommendations: The primary elements to any rights protection mechanism are clarity and accessibility. First and foremost, social media platforms should endeavor to provide clear policies prohibiting the sale and advertisement of counterfeit goods on their platforms and outlining procedures for trademark owners to report counterfeit goods. The mechanisms provided for such reports should also be easily accessible to trademark owners and without unduly burdensome reporting requirements. Online reporting tools (which can be linked to the relevant policies) can be helpful to expedite the reporting procedure, both for the trademark owner and the social media platform. In December 2017, INTA through collaboration between the Anticounterfeiting Committee completed a best practices guide on “Addressing the Sale of Counterfeits on the Internet”. This guide discusses practical ways for trademark owners and companies involved in online marketing, sales and distribution of goods, to cooperate in addressing the problem of counterfeit goods sold over the Internet. The guide contains recommendations for all stakeholders involved in
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online counterfeiting including: search engines, online marketplaces, payment service providers, trademark owners, social media platforms, registrars and registries, and logistics companies. This paper can be accessed on INTA’s website here. In addition to the study below an extensive excel document with additional data and detailed complaint requirements can be accessed via email to [email protected] This study was completed and updated as of January 2019 by the INTA ACC Online Counterfeiting Project Team
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19
2
Infringement Reporting Mechanisms
Available Unavailable
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17
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Multiple Infringement Reporting Mechanisms
Copyright Reporting Trademark Reporting Counterfeit Reporting
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16
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Multiple Languages Available
Available Unavailable
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Mechanism for Reporting
Online Reporting Tool Designated E-mail Address
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Overview
Social Media Company
Home page Region Counterfeit complaint possible yes/no
TM infringement complaint possible yes/no
Copyright infringement complaint possible yes/no
Online Complaint Form available yes/no
Policies/complaint forms available in what languages
Blogger www.blogger.com Global Yes No Yes Yes Global languages
Facebook www.facebook.com/ Global Yes Yes Yes Yes Global languages
Foursquare foursquare.com Global No Yes Yes Yes Global languages
Google Plus
plus.google.com/ Global Yes No Yes Yes Global languages
Instagram www.instagram.com/ Global Yes Yes Yes Yes Global languages
LinkedIn www.linkedin.com/feed/ Global No Yes Yes Yes Global languages
Pinterest www.pinterest.com/ Global Yes Yes Yes Yes Global languages
Reddit www.reddit.com Global No Yes Yes Yes EN
RenRen www.renren.com China No No No No CN
Snapchat www.snapchat.com/ Global Yes Yes Yes Yes Global languages Taringa www.taringa.net/ Latin
America No Yes Yes No ES
Telegram telegram.org/
No Yes Yes No Global languages
Tumblr www.tumblr.com Global No Yes Yes Yes Global languages
Twitter twitter.com/ Global Yes Yes Yes Yes Global languages
Vkontakte vk.com/feed Russia No Yes Yes Yes RU, UK
WeChat (Private accounts)
www.wechat.com(Private accounts)
China Yes Yes Yes Yes CN, UK
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Social Media Company
Home page Region Counterfeit complaint possible yes/no
TM infringement complaint possible yes/no
Copyright infringement complaint possible yes/no
Online Complaint Form available yes/no
Policies/complaint forms available in what languages
WeChat (public accounts)
www.wechat.com (Public Accounts)
China Yes Yes Yes Yes CN, UK
Weibo weibo.com/ China Yes Yes Yes No CN
WhatsApp www.whatsapp.com/ Global No Yes Yes No Global languages
XING xing.com Germany No No No No DE, UK,ES,FR, IT
YouTube www.youtube.com Global Yes Yes Yes Yes Global languages
YY www.huanju.cn China Yes Yes Yes Yes CN
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Direct Report Links – trademark, copyrights and counterfeit report
Social Media Company
Home page Region Trademark Issue Report Page
Copyright Issue Report Page Promotion or Sale of Counterfeit Goods Report Page
Blogger www.blogger.com Global No TM only complaint mechanism
https://support.google.com/legal/troubleshooter/1114905?rd=1#ts=1115645%2C3331068%2C1115789%2C1117010
https://support.google.com/legal/contact/lr_counterfeit?product=blogger&uraw=
Facebook www.facebook.com Global https://www.facebook.com/help/contact/208282075858952
same as trademark issue report page https://www.facebook.com/help/contact/1449082462070065
Foursquare foursquare.com Global https://support.foursquare.com/hc/en-us/articles/201066220-Report-a-Trademark-Issue
https://support.foursquare.com/hc/en-us/articles/201066230-Report-a-Copyright-Violation-
No specific report page/form for this.
Google Plus
plus.google.com Global No option to report a trademark infringement issue unless the brand owner has a court order. See Counterfeiting Report Page or Counterfeit Goods Report Page.
https://support.google.com/legal/troubleshooter/1114905?hl=en#ts=1349036%2C2945209%2C3033959%2C1115789
https://support.google.com/legal/contact/lr_counterfeit?product=googleplus&uraw=
Instagram www.instagram.com Global https://help.instagram.com/contact/372592039493026
https://help.instagram.com/contact/372592039493026
https://help.instagram.com/contact/instagramcounterfeitform
LinkedIn www.linkedin.com/feed/
Global https://www.linkedin.com/help/linkedin/ask/TS-NTMI
https://www.linkedin.com/help/linkedin/ask/TS-NCI?lang=en
No specific category for this.
Pinterest pinterest.com Global https://dk.pinterest.com/about/trademark/form/
https://dk.pinterest.com/about/copyright/dmca-pin/
https://dk.pinterest.com/about/trademark/form/goods/
Reddit www.reddit.com Global https://reddit.zendesk.com/hc/en-us/requests/new?ticket_form_id=106573
https://reddit.zendesk.com/hc/en-us/requests/new?ticket_form_id=73465
No specific category for this
RenRen www.renren.com China No specific IP complaint reporting links
No specific IP complaint reporting links No specific IP complaint reporting links
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Social Media Company
Home page Region Trademark Issue Report Page
Copyright Issue Report Page Promotion or Sale of Counterfeit Goods Report Page
Snapchat www.snapchat.com Global https://support.snapchat.com/i-need-help?start=5731988359086080
https://support.snapchat.com/en-US/co/report-copyright
https://support.snapchat.com/en-US/a/infringement-trademark-counterfeit
Taringa www.taringa.net Latin America
[email protected] [email protected] [email protected]
Telegram telegram.org Global [email protected] [email protected] [email protected]
Tumblr www.tumblr.com Global https://www.tumblr.com/abuse/trademark
https://www.tumblr.com/abuse/copyright
No specific category for this.
Twitter twitter.com Global https://support.twitter.com/forms/trademark
https://support.twitter.com/forms/dmca https://support.twitter.com/forms/counterfeit
Vkontakte vk.com/feed Russia https://vk.com/dmca?act=new_dmca
https://vk.com/dmca?act=new_dmca No specific report page/form.
WeChat (Private accounts)
www.wechat.com China For complaints against individual weChat users: Can be done through specific function in WeChat application (see https://weixin110.qq.com/security/readtemplate?t=fake_report/guide)
same as trademark issue report page same as trademark issue report page
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Social Media Company
Home page Region Trademark Issue Report Page
Copyright Issue Report Page Promotion or Sale of Counterfeit Goods Report Page
WeChat (public accounts)
www.wechat.com China For complaints against WeChat public accounts: needs to be done on wechat website with filling in of specific information (see https://mp.weixin.qq.com/acct/infringement?action=getmanual&t=infringement/manual&type=1&lang=zh_CN)
same as trademark issue report page same as trademark issue report page
Weibo weibo.com China No specific report page, can report by clicking a button next to the infringing information posted
No specific report page, can report by clicking a button next to the infringing information posted
No specific report page, can report by clicking a button next to the infringing information posted
WhatsApp www.whatsapp.com Global No specific report page, a complete trademark infringement claim must be emailed to [email protected]
No specific report page, a complete Copyright infringement claim must be emaild to [email protected], or send by mail to WhatsApp Copyright Agent (adress informations provided by the website legal policies page)
No specific category for this.
XING xing.com Germany
https://www.xing.com/terms#a-8
No complaint mechanism available No complaint mechanism available.
YouTube www.youtube.com Global https://www.youtube.com/reportingtool/trademark?rd=2
https://www.youtube.com/copyright_complaint_form
https://www.youtube.com/reportingtool/counterfeit?rd=1
YY www.huanju.cn China No specific report page for trademark violations.
[email protected] No specific report page/form for this.
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Direct Report Links – impersonation, username and other issues
Social Media Company
Impersonation Report Page Username Squatting Report Page Option to Report "Other" not Pre-Defined Legal Issue
Blogger https://support.google.com/blogger/answer/6325885
https://support.google.com/blogger/answer/6325885
N/A
Facebook No report page for IP-related impersonation
No specific report page for this. https://www.facebook.com/help/contact/274459462613911
Foursquare
No report page for IP-related impersonation
No specific report page/form for this. No
Google Plus
https://support.google.com/legal/troubleshooter/1114905?hl=en#ts=1349036%2C2945209%2C3033950
No specific report page for this. https://support.google.com/legal/contact/lr_legalother?product=googleplus
Instagram https://help.instagram.com/contact/636276399721841?helpref=faq_content or https://help.instagram.com/contact/636276399721841?helpref=faq_content
https://help.instagram.com/182492381886913?helpref=page_content
https://help.instagram.com/372161259539444
LinkedIn No report page for IP-related impersonation
Report a Fake Profile - https://www.linkedin.com/help/linkedin/answer/61664
No
Pinterest No report page for IP-related impersonation
https://dk.pinterest.com/about/trademark/form/username/
No
Reddit https://reddit.zendesk.com/hc/en-us/requests/new?ticket_form_id=95843
No specific report page/form for this. https://reddit.zendesk.com/hc/en-us/requests/new?ticket_form_id=55345
RenRen N/A No specific IP complaint reporting links http://help.renren.com/helpcenter/question
Snapchat https://support.snapchat.com/en-GB/i-need-help
No specific report page for this. https://support.snapchat.com/en-GB/i-need-help
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Social Media Company
Impersonation Report Page Username Squatting Report Page Option to Report "Other" not Pre-Defined Legal Issue
Taringa [email protected] [email protected] [email protected]
Telegram [email protected] [email protected] [email protected]
Tumblr https://www.tumblr.com/abuse/confusion No specific report page for this. (use https://www.tumblr.com/abuse/confusion)
https://www.tumblr.com/support
Twitter https://support.twitter.com/forms/impersonation
No specific report page for this. No
Vkontakte No specific report page/form No specific report page/form for this. Yes - flexibility within scope of intellectual property rights infringement.
WeChat (Private accounts)
same as trademark issue report page same as trademark issue report page same as trademark issue report page
WeChat (public accounts)
same as trademark issue report page same as trademark issue report page same as trademark issue report page
Weibo http://service.account.weibo.com/rights/toman Unregistered reporter can download and fill in this table: http://www.sinaimg.cn/IT/download/doc/Weibo20171030.doc
No specific report page, can report by clicking a button next to the infringing information posted
http://service.account.weibo.com/rights/toman Unregistered reporter can download and fill in table: http://www.sinaimg.cn/IT/download/doc/Weibo20171030.doc
WhatsApp No report page for IP-related impersonation
No specific report page for this. No
XING No complaint mechanism No complaint mechanism In-app complaints regarding "SPAM" (understood as unwanted content) possible
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Social Media Company
Impersonation Report Page Username Squatting Report Page Option to Report "Other" not Pre-Defined Legal Issue
YouTube https://support.google.com/youtube/contact/impersonation (for individuals) - https://www.youtube.com/reportabuse (for channels)
No specific report page for this. No
YY No specific report page/form No specific report page/form for this. https://www.yy.com/page_yy_com/userinfo_questionnaire/?id=94
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Counterfeit Report - significantly Different Requirement from TM Infringement Report?
SMP Significantly Different Requirement from TM Infringement Report?
Blogger Not significantly different
Facebook Description Requirement is different. Merely requests "additional information that relates to your report" (in addition to relevant links) instead of TM Infringement description. Facebook defines "counterfeit" in the following manner: A counterfeit product is an unauthorized imitation or reproduction of a product bearing the trademark of the original rights owner. These products are intended to cause confusion as to the source, sponsorship and affiliation of the products and, as such, to commercially benefit from the trademark owner’s reputation. Updated ao 10/8/18: Counterfeit Report Form can be found here: https://www.facebook.com/help/contact/628238764025713 . FB now defines "counterfeit" as: A counterfeit good is a knockoff or replica version of another company’s product. It usually copies the trademark (name or logo) and/or distinctive features of that other company’s product to imitate a genuine product. The manufacture, promotion or sale of a counterfeit good is a type of trademark infringement that is illegal in most countries, and is recognized as being harmful to consumers, trademark owners and honest sellers. Please note that counterfeit goods may be unlawful even if the seller explicitly says that the goods are counterfeit, or otherwise disclaims authenticity of the goods. If you believe content on Facebook is selling or promoting counterfeit goods, you may report that content by filling out this form.
Google Plus N/A
Instagram Description Requirement is different. Merely requests "additional information that relates to your report"(in addition to relevant links) instead of TM Infringement description. Instagram defines "counterfeit" in the following manner: A counterfeit product is an unauthorized imitation or reproduction of a product bearing the trademark of the original rights owner. These products are intended to cause confusion as to the source, sponsorship and affiliation of the products and, as such, to commercially benefit from the trademark owner’s reputation.
LinkedIn N/A
Pinterest Not significantly different
RenRen N/A
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SMP Significantly Different Requirement from TM Infringement Report?
Snapchat N/A
Taringa N/A
Telegram N/A
Tumblr Copyright: "We respond to notices of alleged copyright infringement as per our Terms of Service and the Digital Millennium Copyright Act; please see our DMCA notification form to file a copyright claim online." Requires a valid DMCA notice before removing content Trademark: Should identify the allegedly infringing work and the legal basis for their claim, and include the registration and/or application number(s) pertaining to their trademark.
Twitter Reported link should be actively selling or promoting counterfeit goods. Twitter explains how it's trademark and counterfeit policies differ : https://support.twitter.com/articles/20170399. No option to request the username at issue
Vkontakte No specific form for counterfeit issues available.
WeChat (Private accounts)
No
WeChat (public accounts)
No
Weibo Handwritten guarantee is required. Evidence should be original copy scanned in color. Photocopies must be signed by reporter with date.
WhatsApp N/A
XING N/A
YouTube Not significantly different
YY N/A
