SXSW used AI-powered trademark tool BrandShield to remove Instagram posts critical of the conference, including content from activist groups that did not use the conference's logos.

On March 12, Vocal Texas, a nonprofit focused on ending homelessness and poverty, posted an Instagram image about 'SXSW means unhoused Austinites in downtown face encampment sweeps' to promote an art installation called 'Sweep the Billionaires.' The post mentioned SXSW by name but did not use SXSW's logos. BrandShield's automated trademark detection service flagged and removed the post from Instagram.

BrandShield is a 'digital risk protection' service that uses automated systems to identify and remove social posts claimed to misuse trademarks. Despite claiming to employ 'a dedicated enforcement team of IP lawyers,' the service appears to flag trademark mentions broadly without distinguishing between violations and protected free speech, according to the article.

Cara Gagliano, a senior staff attorney at the Electronic Frontier Foundation specializing in trademark law, stated that posts mentioning a company's name for purposes of criticism are allowed under trademark law and do not violate it. She noted that unlike copyright law (which has a counter-notice process under the DMCA), trademark law has no mandatory pathway for contesting false takedown claims.