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.
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