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

Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Gift this article