2 ms·

In my case I would file 2 claims: 1) trademark infringement, and 2) trademark dilution. However, I’ll take a look at these cases and see what claims they filed

In my case I would file 2 claims: 1) trademark infringement, and 2) trademark dilution. However, I’ll take a look at these cases and see what claims they filed and maybe supplement if anything applies. Trademark infringement typically requires “likelihood of confusion”, except where the trademark is famous then there can be trademark dilution even when there is no “likelihood of confusion.” My trademark is famous, and it’s evidenced by the fact that YouTube and X (and all the other platforms) reserved and protected my trademarked name from being registered and used. The legal argument would be these platforms are infringing by reserving the name and diluting the famous trademark by not allowing the trademarked account to exist on their platforms. YouTube and X don’t want to be in Court explaining why they reserve trademarked names and don’t release them to the trademark owner, so it’s just a matter of getting a human involved to get it resolved.

qingcharles 2y ago
Thank you. How are you detecting the reservation? I have a couple of trademark names and on some platforms there are no users with those names, yet they won't allow registration. Is that the trademark reservation at work? Or are there other reasons the registration would be blocked? (assuming the trademarks are very normal and not something suitable for censorship)
- throwawaycities 2y ago
  Each platform has their own rules for names, off the top of my head I don’t think X will allow registration of 4 (maybe 3) characters or less any longer, even if it’s available. So without prying I couldn’t give you my opinion about your mark(s). In the case of X, I can use wayback machine and show the username did exist for a month when the platform launched (2006 I think) and then was removed from that point to the present. YouTube handles are a new feature only about a year old, and I have been trying to register it from day 1, so I have personal knowledge the handle has never existed, and they also prevent registration of any variations @{trademark}001. I also have evidence that the other major platforms (Meta/Instagram/Threads, GitHub, Reddit, Twitch, TikTok, etc…) were reserving this trademark and released it to me upon showing I’m the trademark owner. It’s strong enough to bring a civil lawsuit where the standard is “more likely than not” anyway. Again I doubt they’d want any employee of consequence being deposed under oath and testifying why they reserved it and refuse to turn it over to the trademark owner as many others have done.

qingcharles 2y ago

Thank you. How are you detecting the reservation? I have a couple of trademark names and on some platforms there are no users with those names, yet they won't allow registration. Is that the trademark reservation at work? Or are there other reasons the registration would be blocked? (assuming the trademarks are very normal and not something suitable for censorship)

throwawaycities 2y ago
Each platform has their own rules for names, off the top of my head I don’t think X will allow registration of 4 (maybe 3) characters or less any longer, even if it’s available. So without prying I couldn’t give you my opinion about your mark(s). In the case of X, I can use wayback machine and show the username did exist for a month when the platform launched (2006 I think) and then was removed from that point to the present. YouTube handles are a new feature only about a year old, and I have been trying to register it from day 1, so I have personal knowledge the handle has never existed, and they also prevent registration of any variations @{trademark}001. I also have evidence that the other major platforms (Meta/Instagram/Threads, GitHub, Reddit, Twitch, TikTok, etc…) were reserving this trademark and released it to me upon showing I’m the trademark owner. It’s strong enough to bring a civil lawsuit where the standard is “more likely than not” anyway. Again I doubt they’d want any employee of consequence being deposed under oath and testifying why they reserved it and refuse to turn it over to the trademark owner as many others have done.