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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10170
Experience:  Barrister 17 years experience
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I have a popular social media account but recently

Customer Question

Hi, I have a popular social media account but recently discovered someone has created a website using my user name. What can I do about this?
Submitted: 19 days ago.
Category: Republic of Ireland Law
Customer: replied 19 days ago.
I have the following all with the exact same user name: gmail account, facebook page, twitter page, instagram account, tumblr account, myspace account. They claim that they had a private facebook group with that name already.
Customer: replied 17 days ago.
More details: we both run "fan" websites for the same act, but theirs is more forum-based while ours is social media news updates etc. There will be massive confusion due to similar identities.
Customer: replied 11 days ago.
Since my last update last week there have been developements: the other website has now created twitter and other social media accounts using the same name. Their branding logo is now VERY similar to mine too.
Expert:  Buachaill replied 11 days ago.

1. Can you please provide more details please. What is your user name? What is the user name which the other website has used? Is the user name your own personal name or is it the name of the "act"? Have you trademarked any name? What remedy do you want?

Customer: replied 11 days ago.
Hi, the username is "Madonna Bible" - named after 'Madonna' (obviously). I own madonna-bible.com.
The other website is using the username "The Madonna Bible", its website is "madonnabible.com". It is using social media accounts in the name of "@madonnabible_" and "themadonnabible" on Instagram, etc.I have not trademarked the name as I do not know enough about the process.The remedy? I simpy want them to stop using the same name as I have.
Expert:  Buachaill replied 11 days ago.

2. Dear M, what you need to do here is to trademark the name "Madonna Bible" and "The Madonna Bible" in order that you can then take enforcement proceedings against the rival website and operation which is using the same name. Currently, as you don't have the name trademarked, there is little you can do to prevent alternative use of the same name as the "act" which you follow is the same as the "act" which the rival website follows. The name "Madonna" will be trademarked by the actual singer herself. So, you need to be aware that the actual "act" might seek to prevent you trademarking the name "The madonna Bible" as they will already have trademarks to protect this name. As you aren't running the business of Madonna, you cannot protect your website by the tort of passing off. So you need to trademark your name before the law will allow you protection.

Expert:  Buachaill replied 11 days ago.

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