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How To Retrieve Your Identity When A Twit Impersonates Your Brand on Twitter

Thursday, September 10th, 2009

In our last posting, we talked about how we’ve made ourselves our own best case study by putting our own brand on the line to illustrate how we can help you protect yours.

As we discussed last time, there are unscrupulous individuals and groups who are hijacking brands for both sport and profit.  In our case, a hijacker registered and began impersonating the Buzzphoria brand on Twitter.

The first step in defending your company and brand when a hijacker hits it to verse yourself on your rights within terms of service for the social media platform or site in which your brand has been compromised.

Below is a screen shot from Twitter’s Terms of Service:

Twitter Terms of Service

Twitter Terms of Service

Notice that the Terms of Service clearly state that:

  1. You must not abuse, harass, threaten, impersonate or intimidate other Twitter users.
  2. You may not use the Twitter.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  3. You must not, in the use of Twitter, violate any laws in your jurisdiction (including but not limited to copyright laws).
If you’ve reviewed our last post, you will see that the impersonator clearly violated these three above points.
Below is the following section within Twitter’s Terms of Service - General Conditions:
Twitter General Conditions - Terms of Service

Twitter General Conditions - Terms of Service

Please note the following:

  1. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  2. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Below, we’ve share the final section of Twitter’s Terms of Service - Copyright (What’s Yours is Yours):

Twitter Terms of Service - Copyright

Twitter Terms of Service - Copyright

Please note the following:

Twitter undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

  1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  2. A description of the copyrighted work claimed to have been infringed;
  3. A description of the infringing material and information reasonably sufficient to permit Twitter to locate the material;
  4. Your contact information, including your address, telephone number, and email;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
So, you’ve got a high-jacker impersonating your brand…do you?
A)  Pay them extorted fees to return your brand to you
B)  Run up enormous legal bills trying to sue the culprits and at the same time retrieve your identity
C) Take matters into your own hands and/or call Buzzphoria?
It took us 35 days from the time we filed our initial complaint with Twitter to the date Twitter resolved the issue with us.  All without our having to pay extortion fees or run up excessive legal bills with our attorneys.
What are you going to do when your brand is compromised?