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ARTICLE · 15 JANUARY 2013

Getting Your Handle On Twitter, Channelling YouTube, And What About Facebook?

What to do when your trademark is being used on social media sites.

CanadaMedia, Telecoms, IT, Entertainment

With over 1 billion Facebook users, half a billion Twitter users and hundreds of millions of YouTube users, the popularity of social media has created opportunities for businesses – but also room for mischief when it comes to usernames. So what can a trademark owner do when it discovers that someone has used its trademark as a username? Twitter, YouTube and Facebook each have policies that address usernames. Their policies have changed over time and may still change. Although the sites do not mediate disputes, they are prepared to take action and may reclaim or release usernames in certain circumstances. If their policies do not help, a trademark owner can attempt to negotiate; if this is unsuccessful, the courts may provide recourse. However, consideration must first be given to whether the use of the username relates to a clear case of trademark infringement or impersonation, whether the content is fan or criticism content, whether the account is inactive, what

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