Brandsquatting and other forms of Username Squatting
Brandsquatting is a form of cybersquatting. It includes the unauthorized use of a company’s brand. It has reached new dimensions since the formation of the Uniform Domain Name Dispute Resolution Policy (UDRP). The UDRP is used as a means for brand owners to protect their trademarks when cybersquatters register valuable domain names and offer them for sale to the company who actually owns the mark. However, as social networking sites have gained popularity, domain-squatting has evolved into username squatting.
Username squatting involves registering a username which can be someone’s domain name, trademark, or company name. The registering of the username creates an extension that operates as a domain name on the social networking site. For example, using the Twitter® website, a user operating under the username “adidas” creates an account on Twitter®. Such use can easily cause confusion among consumers, leading them to believe they are accessing a brand's Twitter® acount.
Brandsquatting on Twitter
Brand owners are particularly vulnerable on websites such as Twitter® because of the Twitter® website’s dispute resolution policy. The platform's terms of use policy doesn't specify a particular trademark takedown process. Twitter® simply reserves the right to modify or terminate any account for any reason and reclaim usernames on behalf of brand owners.
The terms of use as of January 2009 state:
“We may, but have no obligation to, remove Content accounts containing Content that we determine in our sole discretion are unlawful…or violates any party’s intellectual property or these Terms of Use.”
Brandsquatting on Facebook
Other social networking sites such as Facebook® have attempted to garner greater control over user accounts. For example, those who create “fan” pages on behalf of famous marks. Facebook® initially encountered infringing use during the beginning stages of its Fan Pages. However, it now has developed a takedown process for trademark owners. In many instances, brand name owners have found it beneficial to take a soft approach to the transfer process. Even thanking their infringers for showing support and sharing dedication to the brand with others.
Fan Pages As Brandsquatting
Whether faced with a fan page, an unauthorized advertisement, or even a third party username, brand owners must be vigilant in protecting their marks from brandsquatting. With the ever-expanding use of social networking websites, monitoring such use has become difficult and enforcing one’s mark costly. Websites such as www.usernamecheck.com provide a quick view of how wide spread one’s use of the mark is on different websites. Internet and e-Commerce attorneys can help you proactively implement, regularly update, and enforce a variety of different online policies.
About the Firm:
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP. We also handle registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.
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