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 2026

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

Sheppard has added quantum and robotics expertise to its AI industry team to help clients navigate questions around inventorship and IP infringement
The 2026 Americas ceremony recognised outstanding firms and practitioners, along with highlighting impact cases of the year
A development concerning Stephen Thaler’s AI copyright application in India and an integration between IPH group firms were also among the top talking points
As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Kilburn & Strode and Mewburn Ellis are just two firms that have invested heavily in office space – a sign that the legal industry is serious about in-person working
In major recent developments, Dyson snagged another win against Hong Kong-based competitor Dreame and a new AI-powered UPC platform was launched
Mohit and Sidhant Goel decided not to pursue an interim injunction application so that their client, Communications Components Antenna, could benefit from a fast-track trial
Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Gift this article