Hashtags as Intellectual Property
If you’ve spent any time on social media platforms, you’ve come across the term “hashtag” (referred to in keyboard signage as “#”). A hashtag is a phrase or word preceded by this “#” sign and is used to categorize accompanying text content. It’s staggering just how many people are using these so-called hashtags today – from TV news anchors to socialites like the Kardashians who boast millions of “followers” via their social media feeds; it seems today, a hashtag reference accompanies everyone's name. This trend has carried over to the business sector, what with hashtags helping businesses to promote themselves and the products or services they offer, as well as representing a way to rapidly share news about these products or services, all the while interacting with their customers. There are two issues that almost always come to the forefront of conversations: Whether a business can or should “protect” its hashtags, and whether one’s use of another entity's trademark a...