Don’t use IP law as a hammer

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Don’t use IP law as a hammer

In-house trade mark counsel today discussed how visceral reactions to infringement or negative feedback on social media sites can backfire and quickly destroy brand loyalty

Tamara Reznick of Expedia cited the example of Nestlé’s response to a Greenpeace ad accusing the company of purchasing palm oil from companies that are destroying Indonesian rainforests. The campaign used a modified Kit Kat logo and posted negative tweets to the company’s Twitter site using the logo.

Nestlé immediately deleted the tweets and publicly threatened legal action. “They used IP law as a hammer,” said Reznick. “This angered consumers, who wanted to see the actual issue addressed.”

Customer pressure eventually resulted in Nestlé cutting ties with the palm oil companies.

Reznick said examples like this underscore the importance of in-house discussing appropriate tactics with their marketing departments ahead of time.

Reznick was speaking as part of a panel titled “Social Networking: Friend or Foe to Brand Owners” at the McCarthy Institute-Microsoft Trademark Symposium in New York City today. The Symposium’s theme was “Trademark Law and its Challenges”.

Mei-Lan Stark of Fox Entertainment Group said that “the best defence can be a good offence” when it comes to social media, which means constantly engaging users and refreshing content on a daily basis to create brand awareness and loyalty.

The sentiment that brands should tread carefully when using trade mark law as a solution to infringement online was echoed in a later session about ISP liability.

J Scott Evans of Yahoo! passionately told a panel comprising David Bernstein of Debevoise & Plimpton, Martin Schwimmer of Leason Ellis, Peter Becker of Microsoft and Brad Silver of Time Warner that the trade mark community should think twice before suing intermediaries such as Yahoo!

Yahoo! did not allow users to purchase trade marked keywords until February last year, when Microsoft changed its policy to align with Google. Microsoft’s search engine Bing powers Yahoo! Search. However, it still does not allow use of trade marks in ad text.

“We need to be careful as a community about going after and persecuting the one company who’s done the most for you,” said Evans.

more from across site and SHARED ros bottom lb

More from across our site

Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
The court ordering a complainant to rank its arguments in order of potential success and a win for Edwards Lifesciences were among the top developments in recent weeks
Frederick Lee has rejoined Boies Schiller Flexner, bolstering the firm’s capabilities across AI, media, and entertainment
Nirav Desai and Sasha S Rao at Sterne, Kessler, Goldstein & Fox explore how companies’ efforts to manage tariffs by altering corporate structures can undermine their ability to assert their patents and recover damages
Monika Żuraw, founder of Żuraw & Partners, discusses why IP should be part of the foundation of a business, and taking on projects that others walk away from
Lawyers say attention will turn to the UK government’s AI consultation after judgment fails to match pre-trial hype
Susan Keston and Rachel Fetches at HGF explain why the CoA’s decision to grant the UPC’s first permanent injunction demonstrates the court’s readiness to diverge from national court judgments
IP, M&A, life sciences and competition partners advised on deal that brings together brands such as ‘Huggies’ and ‘Kleenex’ with ‘Band-Aid’ and ‘Tylenol’
Stability AI, represented by Bird & Bird, is not liable for secondary copyright infringement, though Fieldfisher client Getty succeeds in some trademark claims
Gift this article