This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.
How Many Likes Did It Get? Using Social Media Metrics to Establish Trademark Rights,
Cath. U. J. L. & Tech
Available at: https://scholarship.law.edu/jlt/vol25/iss1/5
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