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ARTICLE · 27 SEPTEMBER 2017

Is Hashflag Infringement A Thing?

Twitter has been referred to as "the Wild West of the internet—a lawless, godless place designed for sinners and sure to corrupt the pure of heart."

United StatesIntellectual Property

Twitter has been referred to as "the Wild West of the internet—a lawless, godless place designed for sinners and sure to corrupt the pure of heart."1 While Twitter may not corrupt everyone, it does open new avenues to commit trademark infringement.

What Are Hashtags and Hashflags?

A hashtag is a type of metadata tag used on social media symbolized with a "#" symbol. Users create a hashtag by placing the "#" sign in front of other text or characters, such as #love or #I_Hate_Mondays. This creates a searchable term on Twitter, Instagram, etc., and users can click on that hashtag to search for other social media posts using that same hashtag.2

A hashflag is a customized emoji (image) that is automatically inserted by Twitter in a tweet if a specific hashtag is used. Twitter launched hashflags for the 2010 World Cup.3 Twitter soon monetized this service, and started charging companies millions of dollars for a temporary hashflag.4 Coca-Cola was reportedly the

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