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Claiming Inactive Instagram Account With Trademark

Discussion in 'BlackHat Lounge' started by GrumpyBoy, Jul 9, 2017.

  1. GrumpyBoy

    GrumpyBoy Regular Member

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    Hello everyone. I just launched a business few months ago and I have trademarked my business name and logo. I want to claim username on social accounts. I want to claim my username on Facebook, Twitter and Instagram.

    1) Facebook account with that username is inactive since 6 months.

    2) Twitter account is inactive since 2011. Non followers, no tweets.

    3) Instagram account is inactive since 1 and half year.

    I tried to contact account owners but they are not active on those platforms anymore.

    Can I claim those usernames as I have a trademark on those words? If yes, please explain how.

    I will be reporting a trademark infringement on social accounts. But if that doesn't help, I will get help from attorney. I am willing to pay for accounts but users are not active on those accounts.
     
  2. oseart

    oseart Registered Member

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    I am not a lawyer, but I am almost positive that they have the right to it, even though you have trademarked it, because they have created it before you. I am not 100% sure of this, I just remember something I read that was about a website having to use a different domain because the domain was already taken before the trademark, and they did not have a right to it. Good luck though! You might want to look into lawyers.
     
  3. GrumpyBoy

    GrumpyBoy Regular Member

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    No. I have the domain also. I have read many articles where people have claimed trademarked usernames even though the accounts were active. The accounts I am trying to claim are inactive. And also, i will lose a lot of customers if they don't give me username. Because if my customers tag me @Brand and I am using @brand101 then I won't be able to know that my customers tagged me. And also, the name I am trying to use is from India. It is very rare and no one outside our state knows this name.
     
  4. oseart

    oseart Registered Member

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    Here is the link to the Twitter Help Center regarding your issure : support.twitter.com/articles/18367
    Not too sure about Facebook's policy on the matter.

    Again, I am not a lawyer so I can not give you a 100% answer, however I can help you as much as I can.


    Oseart
     
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  5. infoasian

    infoasian Supreme Member

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    If they own those names for longer than you have your trademark they will most likely not be forced to give up their handles. To the contrary they could challenge your trademark if they wanted. it's always good to secure those social media handles before you register a trademark.
     
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  6. zxch

    zxch Newbie

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    I pretty sure on instagram, if you own the .com domain, and/or you have it trademarked, you should be able to get the username if they are inactive.
     
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  7. decoder.co

    decoder.co Registered Member

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    good luck with your venture .. please keep us posted
     
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  8. GrumpyBoy

    GrumpyBoy Regular Member

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    I just read an article of a man who successfully claimed an username because he had trademark and .com domain. I am going to contact the person again as I know that he lives in my state. If he agrees to give me username then no problem or I will just report trademark infringement