Ask HN: Someone has created a Twitter ripping off a name I trademarked

https://news.ycombinator.com/item?id=5944489

by fourstar • 13 years ago

3 9 13 years ago

news.ycombinator.com

I created a subreddit that got large. I had intentions to build a site around it initially, so way before I started the subreddit, I registered the domain (over 2 years ago). Lately I've noticed when I search for the name on Google, a Twitter account pops up with the same name, around 220k followers, and uses the majority of the content from the subreddit. That's fine and all, but they are using a name that I've trademarked. I've contacted Twitter and their response was that their account isn't violating any rules, but the funny thing is I own the actual name I've trademarked way before this account has (the Twitter name that is), and the type of content they post is not what I'd like to be associated with "the brand".

What should I do? I contacted a lawyer but they referred me to someone else and I've been so busy with work that I haven't had time to pursue this further. Do I contact them? I think I know who the company behind it is (they create lots of social media accounts and copy content from elsewhere to promote their websites). Or do I get ahold of a good lawyer? If so, I assume I need a trademark lawyer?

quackerhacker2• 13 years ago

INAL I would attempt to contact a lawyer to issue a C&D against the company. You may need to subpoena twitter for their records, or send a C&D to twitter it's self for the user infringing on your ip.

anigbrowl• 13 years ago

Did you actually file a trademark application or just register the domain? If the latter then you do have a claim to the mark but it sort of depends how far you went to associate the mark with the subreddit. If you did file a trademark application then it should be pretty open-and-shut and you might be entitled to economic damages too (although it sounds like you'd be happy with a C&D to protect your brand).

Yes, talk to a trademark lawyer. If you don't know one call your state bar and they'll give you a free referral. Many lawyers will give you a free or discounted consultation. Have your paperwork organized before you go in so the lawyer can review it quickly, s/he will know what to look for. If your trademark was properly filed the infringement is egregious (and if your suspicion about the ID of the infringer is correct, I'd say that it is) a lawyer might take the case on contingency. Don't waste time, though, which can be grounds for dismissal of a claim if an infringement is allowed to go on for too long.

Good luck, it sounds like you've been proactive about staking your claim to the mark, so you should have a good chance to defend it.

fourstar3• 13 years ago

I've done both. Although I registered the domain first. I'll look around some place that offers a free consultation. Thanks for taking the time to reply.

roybarberuk• 13 years ago

Quick question: why did you not register the twitter account yourself when registering the domain/trademark

quackerhacker2• 13 years ago

Agree in preventative brand confusion! Unfortunately, whenever I conceptualize a project, I always have to look at other sites to register the usernames, for exactly the OP's reason.

Twitter, YouTube, and domain name. I never do Facebook though (personal abstinence from it).

fourstar3• 13 years ago

I do have the twitter handle. The problem is that they are using their Twitter name as the same as my trademarked name. So while my twitter is: twitter.com/ActualTrademarkName their twitter is twitter.com/NotRelatedToTrademarkName but what they call themselves on twitter is ActualTrademarkName. Does that make any sense?

quantumpotato_• 13 years ago

From what I've seen, Twitter takes down "imposter" twitter accounts if they are imitating the real one when the real one steps up. Don't have a reference link on hand but recall this for celebs & iirc companies.

VandyILL• 13 years ago

*Not official legal advice:

Registering the trademark probably gets you nowhere with this. You still have to gain popularity with the brand etc. and the mark has to be known to consumers etc. A lot of things go into making a trademark protectable IP and the registry really isn't too high on the list.

In IP, one of the cases we read involved the University of Texas' Longhorns symbol. A small company was using the same exact image (different colors), and the court ended up finding that there was no trademark infringement b/c the Longhorns association w/ the symbol wasn't strong enough (the court relied on surveys of the general population).

Trademarks are one of the weaker areas of IP law. You can't really trademark something that doesn't exist yet. There has to be a strong association between the trademark & your brand etc. & there's several factors to weigh when 1) determining if the trademark exists & 2)determining if they have actually infringed. Also, if it's just a name, it'll most likely be harder to prove a trademark, especially if it is a descriptive name etc.

Oddly, if they're copying the content from the subreddit, and it's your original content, you can probably make a legitimate copyright claim.

fourstar3• 13 years ago

Thanks. That's why I was considering contacting them first about it, before going the legal route.

Ask HN: Someone has created a Twitter ripping off a name I trademarked

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