We have already discussed in this blog of social media in the fashion industry and the new related legal issues.
Is a fashion company – administering a page in a social network, a blog or a forum where customers can share opinions and comments – liable in case such comments are offensive or infringe third parties’ right? Fashion blogs could be considered hidden advertising? What are the consequences of using a competitor trademark as an hashtag in social media?
The answers to these questions are, in some cases, conflicting: for example, we have seen that the Supreme Court held that an administrator of a Facebook page, a blog or a forum is not subject to the strict liability of the director of online magazines for defamatory contents published by third parties, but other judges seem not to share the same view.
These issues entail a thorough analysis by the lawyers that balances the protection of intellectual property rights and fair competition rules with the needs dictated by the new social communication.