Twitter is taking my id and giving it to someone else

no_twitter

I signed up for an account on Twitter called placestostay and have had it now for a few years.

I get the following email today stating that it is infringing on a trademark.  A user name infringing on a trademark this is setting a dangerous precedent.

Read the message below:

kesh, Apr 10 12:20 pm (PDT):

Hello,

Twitter responds to reports from registered trademark holders regarding the use of their trademark in a way that could be potentially confusing or misleading with regard to brand or business affiliation. We have received a report from the trademark holder regarding your account, @placestostay . To resolve confusion with the trademark owner, we will add an underscore to your username and release the trademarked username to the trademark holders for their active use on Twitter. We will complete this username transfer within the next 24 hours. If you have a trademark or operate outside the trademark holder’s country, please let us know right away.

We appreciate your cooperation.

Thanks,

kesh
Twitter Trust & Safety

Please note, we cannot accept email attachments at this time; please include all information in the body of your request.

———-

As an update Twitter has taken my account and given it to someone else, I have not since any proof that the request was even a valid claim.  See below?

kesh, May 09 01:51 pm (PDT):

Hello,

Twitter responds to reports from registered trademark holders regarding the use of their trademark in a way that could be potentially confusing or misleading. We have received a report from the trademark holder regarding your account, @placestostay. To resolve confusion with the trademark owner, we have added an underscore to your username, now @placestostay_, and have released the trademarked username to the trademark holders for their active use on Twitter.

If you are engaged in commentary, provide a news feed about the trademarked brand, or operate a fan account, please add clarification to your account indicating that it is not affiliated with that brand, in accordance with our guidelines:

http://help.twitter.com/entries/18367-trademark-policy

We recommend that you make changes to your account to avoid further confusion moving forward. Please keep in mind that the use of a trademark with intent to mislead or misrepresent a business affiliation is grounds for permanent suspension.

We appreciate your cooperation.

Thanks,

kesh
Twitter Trust & Safety

Please note, we cannot accept email attachments at this time; please include all information in the body of your request.

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8 thoughts on “Twitter is taking my id and giving it to someone else

  1. This seems like overly aggressive trademark enforcement. It’s a terrible practice that businesses get into, when they push around individuals in an effort to increase their (virtual) identity. This looks like the website of the organization; http://www.placestostay.com/. They have had this domain registered for 17 years according to the Whois I ran on the domain (amazing!) which suggests that their use of the trademark may predate yours, which as far as the courts are concerned, is all that is important.

    Of course, should the words ‘places to stay’ really be trademarkable? I’d argue no, that it is not a unique enough collection of words to warrant a trademark, which would be the only defense you could have against this.

    • Thanks for your comment, the main thing is that you should be able to review such a claim – for example is the copyright even enforceable in Canada.

      Evidence should be provided that can be reviewed before a login id can just be given away to someone else.

      Thanks again,

      Kevin

      • Absolutely, you definitely should have an opportunity to review the claim, and such claims should be done through lawyers, rather than via 3rd party services.

  2. I am interested in considering legal action, looks like it would first be directed to Twitter itself for taking my personal property and giving it away without my consent or proof of a valid trademark or copyright infringement.

    A twitter account is a sub-domain, a directory on a server that you are permitted to use. Does current trademark law cover use of sub-domains or directory names?

    • I’d imagine Twitter have covered themselves for this in their Terms of Service killing your challenge at the first hurdle. I agree though that the system should be made more transparent

      • Thanks for your comment, I agree that some sort of protection maybe found for them within their Terms of Service.

        My concern is that this has been done so quickly and after requesting proof of the trademark non was provided.

        Just gave away my account away based on a claim.

        Thanks again,

        Kevin

  3. As a person running a business I understand the need for this. It is a legal requirement that trademarks are protected, hence the seemingly aggressive approach. This is not personal, and despite the inconvenience I think it best for you to let it go and move to the new name.

    • Thanks Julie,

      But it is an unproven claim, a claim of owning a trademark should first be proven.

      Before any enforcement, not to mention can sub directory, login names or sub domains be enforced by trademark law.

      Thanks again,

      Kevin

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