Protecting Your Brand on Social Media: What Australian Businesses Need to Know

The rise (and rise) of social media is staggering.

According to Forbes, in 2023 an estimated 4.9 billion people across the world used the various social media platforms such as LinkedIn, TikTok, FaceBook, X, Instagram and Pinterest – and that number is expected to jump to around 5.85 billion users by 2027.  

A social media presence has become imperative for businesses wanting to reach a wider audience and boost revenues, but it can also be a minefield.  There’s potential danger at every turn with regards to potential misuse of intellectual property (fraudulent copycat social media accounts, copyright infringement, trade mark infringement, reputational damage etc) and the risks apply to businesses of all shapes and sizes.

And while there’s no panacea for social media security and total watertight protection is not realistic, there are nevertheless some very important steps that Australian businesses can – and should – take to safeguard their valuable IP in the digital space. 

Why is it so important to protect intellectual property?

Intellectual property such as trade marks, copyright, designs or patents are valuable commercial assets and they need to be protected. 

IP protection is a means of safeguarding your business or brand’s unique selling point and can be one of the most important ways of ensuring the sustainability and the future success of a business. 

You’ve worked hard to build a strong brand identity and reputation – surely you would want to take every step possible to mitigate the risks to your IP posed by your social media presence?

Ways to protect your brand on social media

These are some of the key strategies that Australian businesses should employ to protect their IP on social media:  

• Register trade marks
• Have official social media profiles
• Implement a comprehensive social media policy
• Understand the terms of use of social media channels and their reporting tools
• Focus on SEO for digital media

We’ll now take a closer look at each one of these and discuss why they are so important for brand protection.

Why trade mark registration is so crucial

Registration of a trade mark is the only way to gain some certainty that your business has exclusive use of that mark as well as to ensure enforceable legal rights.  It’s the best way for any business to protect against a third party using its brand identity without consent and it makes the process of getting social media platforms to remove infringing accounts far quicker and simpler.

It is important to register a trade mark in the regions in which you are trading – or intend to trade. 

A trade mark registered with IP Australia will only have rights enforceable in Australia, so if you intend to trade further afield (and social media channels have made global ecommerce a daily reality for many people), you may want to consider international trade mark registration.   You can read more about international trade marks here.

Why businesses need ‘official’ social media accounts

An official account on social media platforms is a key step in claiming your business presence in the digital space.

For example, did you know that anyone can have an Instagram account with a blue tick?  It’s not just for celebrities or influencers with thousands of followers. 

According to Meta (which also owns FaceBook), a Verified Badge means an account has been verified as authentic based on the activity across their social platforms and on the information or documents the individual or entity has provided.

This ‘official’ designation alerts consumers to the fact that an account is authentic and can be trusted.  It can be an important differentiator between fakes and imposters and the real thing.

Why your business needs a comprehensive social media policy

A social media strategy should be a dynamic document, updated regularly and communicated to everyone in the company.   It should be the cornerstone of your business’s online presence and by getting employees and contractors to take ownership of the principles and processes contained in the strategy, you’ll establish the best practices for everyone to adhere to.

Monitoring social media for fake listings is challenging, so it’s worthwhile adding extra resources to help protect your brand’s online presence.  Empower your employees to act as ‘eyes and ears’ against potential infringers by keeping them informed of your business’s ongoing social media activities.

It is also worthwhile maintaining an inventory of your business’s social media accounts.  This will help with early detection of any fake accounts and ensure that remedial action can be taken swiftly.  You may also consider limiting the number of people who are authorised to access your business’ social media accounts.

Why it’s crucial to understand the terms of use of social media channels and their reporting tools

It’s important for businesses to familiarise themselves with various platforms’ terms of service in order to protect their own IP rights, but also to ensure they don’t infringe on another party’s rights. 

Every social media platform has terms of service as well as mechanisms for reporting and removing infringements.  If you do need to submit takedown requests using their reporting tools, make sure your submissions are as accurate as possible.  This will help establish your credibility and trustworthiness with the platform and hopefully result in expedited takedown action. Before filing trade mark infringement reports, it is key to remember that trade mark registration is largely country-by-country. If you have registered a trade mark in Australia this does not give the right to take action against users of the same or similar brand in other countries (in fact, it is possible others have registered the same trade mark in their own countries).

Why a solid SEO strategy offers extra brand protection

People don’t normally associate search engine optimisation (SEO) with brand protection, but a business that keeps its social media profiles up-to-date with fresh, optimised content will be more effective against counterfeiters.

A carefully planned and well-maintained SEO strategy will help your social media profiles feature towards the top of any user searches, so consumers will be more likely to find your business and not a copycat when they are looking for your name or for the type of goods or services that you offer.

Key takeaways

There’s no doubt that social media is an invaluable commercial tool, but with ample evidence of fakes, counterfeiting and unscrupulous operators, protecting your brand online can seem like an uphill battle.  But it’s not a losing battle and the challenges – while they may be significant – are not insurmountable. 

It takes a commitment to action, vigilance, a swift response to any perceived infringements and full enforcement of rights to make your brand a difficult target for unscrupulous (and perhaps even unsuspecting) operators to benefit from your hard-fought identity and reputation.

This article on how to safeguard your brand from e-commerce copycats provides further information on this important aspect of online trading – and remember, it’s often best to seek professional advice at the early stage of any suspected infringement.  Proactive reputation management is important because delays can be costly.

If you’d like help from an experienced trade marks attorney on any aspect of brand protection – whether it’s online or in the general marketplace in Australia or further afield – we’re happy to help.  Contact the friendly MMW Trademark Services team on 03 8288 1432 or via our website and let’s chat.