Hashtags Are Not Trademarks

Construction © Peter Smythe

Hashtags merely identified topics on Twitter, Instagram, and other social media. As could be expected, companies have worked at using them as trademarks, like #HowDoYouKFC. A district court, however, has put a kibosh on that score. It has ruled that hashtags are merely identifiers and can never receive trademark protection. And, frankly, that's a good thing. Read the case here: Eksouzian v. Albanese