2026-08-28 - Legal - Trademarks
Legal Data Considerations Platform Terms
Overview
Trademark and brand protection laws
Contributory Liability Standards
- EU Law the platform cannot present to user that the platform is selling or endorsing content on the site
- US law platform is protected if it has no specific knowledge of infringement
- create protocol for informing of trademark breach and stopping sales once notified
- protocol for disabling or changing usernames, catalog names etc that impersonate trademarks
Advertising
- If users can purchase exposure on competing brands and presentation is not clear may be judged as confusing consumer and liable
Endorsing
- Do not suggest any user is verified or endorsed, because if they breach trademark law that classification could be considered as confusing consumers into thinking the user's details have been checked by the platform
Portal for Notice and Action
- Create service/s and flows for submitting notice, status, documentation uploads
- providing of evidence of ownership of trademark, what is acceptable?
Terms
- Add into terms of service ban on trademark/brand squatting, misleading consumers
Policing
- Policing level is lower for trademarks than copyrights, but must act within commercially reasonable time frame when notified