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  1. #1
    Join Date
    May 2013
    Posts
    1

    Default Creating Negative Social Media Profiles in Other People's Names

    Hello,

    I would like to ask how I can proceed If someone has created profiles on social media, YouTube, blogger with the only purpose of damaging our company reputation and brand reputation. The user is using the official logo of the company (but crossed out). The accounts have been used in bad faith and it's clearly created only with the purpose of harming our company. I would like to have these profiles removed from the social media and google results, but I am not sure on what law I should refer to.

    Another thing I would like also to ask is if a website is created also with the purpose of harming our company reputation, can I bring it down? The site does not include any of our brands and cannot be prosecuted for copyright violation, but includes false accusations, slander and defamation which can be easily proved.

    Thank you for your answer.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Cybersquatting / Bad Faith Social Media Profiles

    Please tell us your location. Thanks!

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Cybersquatting / Bad Faith Social Media Profiles

    Cybersquatting and it's bad faith provisions apply only to the domain name resolution procedure not to social media accounts. Operating a site gadelichka-sucks.com isn't even bad faith cybersquatting.

    So there are a couple of options. The first is that you can appeal to the social media sites in question. They may have their own policies as to such matters.

    Then you have to see if you have a trademark infringement. If they're using your mark in a way likely to confuse the public or dilute your famous mark for their personal gain, then you might have a case there. If they are just running a complaint site, they're allowed to use your mark in the descriptive terms. If it is a trademark infringement, you can again try to appeal to the hosting site, lest they incur liability for participating in the infringement. If not, you can sue them.

    The last is whether this rises to the level of libel, then you may be able to pursue that in court.

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