Document Type
Comment
Abstract
This paper will address how social media platforms and individual influencers can be held liable for contributory trademark infringement by analyzing relevant case law, empirical data, and social media trends such as dupe culture. Part II provides an overview of trademark law, including a discussion of the consumer, the Lanham Act, counterfeiting, and different types of infringement. Part III analyzes relevant case law and the weak standard courts use to asses contributory liability claims. Part IV discusses counterfeits and dupe culture, focusing specifically on TikTok and DHgate. Part V discusses influencers and the role they play in disseminating and popularizing counterfeits. Parts VI and VII, respectively, analyze the ways in which TikTok and individual infringement. Part VIII provides a variety of possible solutions to the issues discussed in this paper and discusses ways that brand owners can protect their marks. Finally, Part IX is a brief conclusion of this paper, reiterating that it is possible for social media giants and influencers to be held liable for contributory trademark infringement.
First Page
73
Last Page
115
Recommended Citation
Emma Goolsby,
Have You Been Duped? Counterfeiting and Contributory Trademark Infringement in the World of E-Commerce, Social Media, and Influencers,
18 J. Bus. Entrepreneurship & L.
73
(2025)
Available at: https://digitalcommons.pepperdine.edu/jbel/vol18/iss1/3
