Legal experts explain how the former president's new app can get away with being a Twitter-clone in terms of design.
Carys Craig, professor of intellectual property law at Osgoode Hall Law School in Toronto, Canada, said that while a very similar user interface could"potentially create liability" if there was a likelihood of confusion, this is clearly not the case with Truth Social.
It is also unlikely that Truth Social has copied any of Twitter's underlying software code, and does not use phrases or imagery highly associated with the platform "In short, it sounds as though they are walking a fine line. There could potentially be liability if the interface is so similar that it is a substantial reproduction of Twitter's original interface or if consumer confusion is likely.
Jane C. Ginsburg, professor of literary and artistic property Law at Columbia University School of Law in New York, said that while Twitter might have acquired sufficient"secondary meaning" brand recognition with its design over time to be a trademark, infringement requires proving that the public believes Trump's app was produced or approved by Twitter.I don't know that a confusion claim could be proved," Ginsburg added.
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