Abusive Social Networking Can Yield IP Infringement

Like domain names, social networking user names are often an extension of an entity's identity. Businesses use social networking identities to promote themselves as a source of goods and services. Abusive use of social networking user names allows a third party to benefit from the goodwill byproduct endorsement and such abusive behavior constitutes intellectual property infringement.

Among the first publicized evidence of abusive social networking behavior resulting in infringement occurred when an Internet social networking site was sued for allowing the creation of a Twitter site using a famous person's name without authorization. Douglas MacMillan vs. Twitter, No. CGC-09-488101 (Cal. Super. Ct. filed May 6, 2009). The complaint stated that an unauthorized person created an account using a famous person's name and posted content using that account which constituted cybersquatting.

Since 2009, infringement claims based upon abusive use of social networking user names have made regular news. This year, the abuse of social networking became so prevalent that the Federal Trade Commission sued Twitter for facilitating such an infringement. In June, the Washington Post reported that Twitter settled charges brought by the Federal Trade Commission that it "deceived consumers" by allowing hackers to control and send tweets -- the 140-character microblogs users sent out, which appeared to be from well-known people and organizations.

Infringement can be found in both an act of cybersquatting and when social network names are misused; however, the misuse of a social network name does not constitute cybersquatting.

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Source: law.com
By: Jonathan Bick