#Hashtag #Valuable Asset

As the explosion in popularity of various social media outlets continues, new norms are increasingly clear: once-descriptive social media hashtags and Twitter handles are now valuable assets that we associate with specific parties. Businesses, in particular, should have social media account usernames and hashtags cleared before using them in marketing and advertising their goods or services. Initially, hashtags and Twitter handles were seen as merely descriptive devices for directing consumers to the location of promotions, not as trademarks. But as the times change, so does the importance of these symbols. They are now the key to accessing discussions and trending topics on social media, and they are relevant in ways that no one could have guessed ten years ago. Recent litigation between two competitors, Eksouzian and Albanese, examined the evolution of these social media tools into intellectual property. In Eksouzian v. Albanese, the parties both made and sold compact…

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