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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 113374
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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There is a person on twitter who is using my business' name

Customer Question

There is a person on twitter who is using my business' name in their username, in their company name, and in their logo. They're even using my well known slogan as their domain name, and in their marketing materials. What kind of action should I take?
Should I contact twitter? I see a trademark infringement complaint form on twitter, but it asks to explain the situation and maybe you can offer guidance on some legalease + the facts I already told you above, to help me create a reasonable message/letter
to them.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to send the person a letter informing them they are infringing on your trademark and copyright rights and they are to cease and desist immediately. You can also sent Twitter a DMCA Takedown Notice with a copy to the person infringing and here is a sample notice: http://icaadocs.mfah.org/icaadocs/Portals/0/Copyright/SAMPLE%20DMCA%20TAKEDOWN%20NOTICE.pdf
If they refuse to take it down, then you will need a local attorney to sue them.
Your letter simply needs to state that you have been using the name and the mark since whatever date and that their use is infringing on your rights to your mark and they are to cease and desist or face legal action.
Customer: replied 1 year ago.
That's great info, thanks!Would you be able to get a little more specific for me? I see the DMCA takedown notice, but I'm unclear on what to write in a C&D to twitter and the infringer.I know you aren't getting paid to write me a C&D, but maybe you can give me a general idea of what to include, that communicates the person is: using my business' name in their twitter username, in their company name, and in their logo that is posted on twitter. They're even using my well known slogan as their domain name, and in their marketing materials, including on their twitter profile.i.e.: To Whom It May Concern:We own the federal trademark registration no. We have been made aware of your user, username here, infringing on our trademark rights.Please transfer this username and account to us, or cancel the username and account, by no later than or^^ Thanks again.
Customer: replied 1 year ago.
Sorry, I forgot JustAnswer strips brackets because it thinks it's HTML code. What I typed:I know you aren't getting paid to write me a C&D, but maybe you can give me a general idea of what to include, that communicates the person is: using my business' name in their twitter username, in their company name, and in their logo that is posted on twitter. They're even using my well known slogan as their domain name, and in their marketing materials, including on their twitter profile.i.e.: To Whom It May Concern:We own the federal trademark registration no. We have been made aware of your user, username here, infringing on our trademark rights. (how do I say the ways he is infringing?)Please transfer this username and account to us, or cancel the username and account, by no later than (date here) or (what could I put here, what we will do, etc).^^ Thanks again.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Did you see the link I sent you above, that is a sample DMCA letter, that is the wording you would use, that is why I took the time to get a sample letter for you.
Customer: replied 1 year ago.
Oh - I wasn't sure, because my issue is trademark related, I didn't realize I could just use that notice. Do I replace the word copyright with trademark, or for the purposes of the notice, should I consider it a copyright?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, you substitute trademark and you explain what the infringement is and demand they remove it and cease and desist.
Customer: replied 1 year ago.
Sorry for the delayed response.I am wondering if you can help me calm my fears that I'd be going the wrong direction using your advice on this topic. This web site, and a bunch of others, say the DMCA and the act mentioned in the DMCA, cannot be used for trademarks. http://www.socalinternetlawyer.com/does-the-dmca-apply-to-trademarks/Thanks for your help. Sorry again for taking so long to reply.
Customer: replied 1 year ago.
Typo. Correction:
"This web site, and a bunch of others, say the DMCA and the act mentioned in the DMCA notice/demand letter you suggested, cannot be used for trademarks."
Expert:  Law Educator, Esq. replied 1 year ago.
Your LOGO is also a copyrighted item, even if you did not file a copyright on it, there is a common law copyright, which is what allows you to use the DMCA takedown notice, because you said he is not only using your name, but your logo which is trademarked but also has a common law copyright.