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

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).

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

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.

At the beginning of the .com boom, it was squatters grabbing brand names they felt were valuable and holding them for ransom to corporations.  In the past weeks and months, it was employees at a Dominoes who disparaged the brand by posting YouTube videos, causing the company to go into crisis communications mode.  It hasn’t just happened to Dominos:  with the rise of user generated content, comes the crush of corporations being impersonated and spoofed across user-generated mediums, creating more publicity nightmares, crisis communications situations and expensive legal battles.

Equally as deadly and dangerous to brands, are imposters who grab brand names within popular social media platforms such as Twitter, MySpace and Facebook, to name a few…

Thus, the Buzzphoria case study continues… We too were a victim of brand high-jacking and the retrieval process to gain our brand back.

Within Scott Allen’s original blog post about Buzzphoria, he essentially posed a call to action for someone to high-jack the Buzzphoria name and identity within multiple social media sites.  Someone took him up on it and immediately grabbed the Twitter identity @buzzphoria.  The individual(s) then took elements of artwork from the Buzzphoria website and set up a branded page, representing themselves as our brand.  From our tracking, we witnessed the individual(s) populating the page with tweets representing themselves as us, sent to the followers the culprit(s) had begun amassing.

When we spoke to Scott Allen, he told us that the culprit(s) had reached out to him and had let him know that they would give us our brand back…if we asked.

Unfortunately, most corporations don’t see that level of generosity and kindness (I’m being facetious here…).  No…brand high-jackers do not usually reach out to a blogger or journalist to say - “hey, if you do talk to that company let them know I’d be happy to hand them back their brand…”

So, what’s the journey for a corporation or brand to retrieve its identity?  (without an expensive and protracted legal battle?)

Our next few posts will show you step by step how we were able to retrieve our identity from Twitter.