QUESTION
What should I do if my online identity is being impersonated?
Asked on Dec 13th, 2013 on Entertainment Law - California
More details to this question:
Someone is using the name of my online identity to sell items online. This person has even said that's the reason why they changed their original username. What can I do? People are buying from this person, thinking it's me. The online store won't help, and this person has created a social networking site that they use to attack myself and others. Internationally, at least 7 people have been threatened, had harassing posts made about them, and more. We're not sure what to do at this point.
2 ANSWERS
Theodore M. Roe
This is at its core a trademark infringement. Your username is the name that you are known by and the name that differentiates your products from those of others. Use dictates ownership of a trademark in the United States, consequently, you could obtain both monetary damages and injunctive relief against the person using your trade name. If the trademark was registered, you could be entitled to three times your damages plus attorney fees. I am more than happy to consult on this matter.
Answered on Dec 18th, 2013 at 4:30 AM
Susan Marie Basko
You should contact a lawyer and let them handle this for you. You don't say if you are also in business. A lawyer would need to consult with you and get a lot of information from you to see what issues exist, if you are being harmed in any way, and what rights you have. At the very least, the online attacks against you should be stopped.
Answered on Dec 18th, 2013 at 4:18 AM