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- 26% of Fortune’s Top 50 Most Admired Companies do not control/own their company’s name as a username on Twitter. In all of these cases, the company name (i.e. @dupont or @apple) has an existing account that is held by either an

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-52% of Fortune’s Top 50 Most Admired Companies maintain and control their company name as a Twitter username.

- 4% of Fortune’s Top 50

Most Admired Companies have reserved their company name on Twitter but have protected their tweets, and do not accept followers. It can be assumed that these accounts have been reserved to prevent misrepresentation of the brand.

-4% of Fortune’s Top 50 Most Admired Companies company name accounts have been suspended for suspicious activity. This typically means that the company has contacted Twitter to report a fradulent account.

User Names are NOT Domain Names

June 2nd, 2014

p>User names are not Domain Names.?

In our discussions with trademark lawyers about user names on social networks, we often hear the comment “If someone takes our trademark as a user name, we can always just recover it later like we do with domain names”.?? But trademark lawyers need to remember that user names for social networks do not work the same as domain names.?

Why is this important?? Because, if you want protect your trademark on social media, you need to get there first.?

Domain names expire and are released for registration by other people.? If someone takes your trademark as a user name, that user name may never become available again, even if the user deletes their account.??Facebook and Twitter have been willing to?transfer user names to trademark owners.? But this should be an option of last resort.

Owners of domain names are listed in a free, public Whois database.? No such lookup service exists for user names of social networks.

Domain names can be recovered using ICANN’s Uniform Domain Name Dispute Policy (UDRP).? No such arbitration policy exists for user names on social networks..

Domain names can be recovered using the US Anticybersquatting Consumer Protection Act (ACPA).? No such laws exist for user names, although legislation in Califormia called SB-1411 is proposing to ban “E-personation”? which makes it unlawful to impersonate another person on the internet (http://www.senatorsimitian.com/images/uploads/SB_1411_Fact_Sheet.pdf).? This would be only a partial solution to user name recovery efforts.

Domain names can be sued directly using “in rem” if the owner is unknown or is beyond personal jurisdiction.? But there have been no court cases where user names have been considered property and eligible for in rem.

Domain names require annual renewal fees.? User name reservations are free and do not have any renewal fees.

New domain name registries often have “sunrise” periods and defensive registrations for trademark owners.? Social networks???Facebook did have a special program for trademark owners when they introduced vanity user names in 2009.? No one else has followed suit.

Conclusion?? Protect your

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Tom Barrett
TM.Biz and EnCirca

TM.Biz protects trademarks on social media following the

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Private-Labelled Reports from TM.Biz

June 2nd, 2014

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Boolean Searching of Usernames…Not!

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As we talk to trademark professionals, we often get asked “How can we do a boolean search for usernames?”

The answer is, you can’t.

As the person responsible for developing the SAEGIS platform for Thomson & Thomson, I know exactly what they want to do.? Boolean searching?means the ability to?combine words and phrases using the words

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AND, OR, NOT and NEAR (otherwise known as Boolean operators) to limit, widen, or define your search.?? Boolean searching requires the content you are searching to be indexed?in

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None of this is possible when searching usernames on social media, since the?search is required to be in real-time.?

Username?searching can be for “exacts” only.? The ability to

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search for close similarities, such as?”begins with”, ?”ends with” or? “contains” is not available for usernames.

However, trademark owners can apply their experience with domain name typo-squatting?with TM.Biz.? Since searching on TM.Biz is free, you can search for common variants of your trademarks to determine if they are being taken as usernames.

BRS Media Selects TM.Biz to manage Sunrise Period for Radio Global Domains

April 6th, 2013

April 6, 2013 – Boston – TM.Biz announces it has been selected by BRS Media to manage their up-coming trademark Sunrise Period for the Radio.am and Radio.fm Global Domains. The May 28 Sunrise Period for the Radio.am and Radio.fm Global Domains represents the first time that ICANN’s Trademark Clearinghouse, absent any delays, is expected to be

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used to protect trademarks in new top-level domain names.

“We wanted to make sure trademark owners were protected prior to

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the launch of our new extensions for the Radio industry,” says George Bundy of BRS Media. “TM.Biz is offering our registry and registrars a one-stop process for validating and submitting Sunrise registrations without any extra programming required.”

BRS Media is making their formal announcement this week-end in Las Vegas, NV where they are in attendance and co-sponsoring the Radio and Internet Newsletter (RAIN) Summit West 2013 Conference, at the

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Las Vegas Hotel and Casino. The RAIN Summit is a Co-Located Event of the NAB Show in Las Vegas, the world’s largest electronic media show.

As Sunrise Manager for the Radio Global Domains, TM.Biz will validate both trademark applications as well as Signed-Mark-Data (SMD) files from ICANN’s Trademark Clearinghouse, which opened for business on March 26 and is expected to be capable of issuing SMD files well before the Radio Sunrise Period begins.

ICANN has received more than 1,900 applications for new TLDs; the first new TLD is expected to be recommended by ICANN on April 23, with hundreds more expected in the coming months. All of these new TLDs are mandated to offer pre-launch Sunrise and Claims phases for trademark owners. The trademark clearinghouse was created as a repository for these new launch phases.

“When BRS Media asked us to operate their Sunrise Period, we immediately recognized the benefit

of leveraging the trademark clearinghouse to lower costs for trademark owners,” says Tom Barrett of TM.Biz. “Absent any further delays of the Trademark Clearinghouse, we expect the launch of Radio.am and Radio.fm to represent the first use of the Trademark Clearinghouse by any Global Domain.”

Since ICANN Registrars are not likely to be operationally ready by May 28 to support the new Sunrise process required for new TLDs, TM.Biz will serve as the overall Sunrise Manager and will send approved Sunrise registrations directly to the Radio Registry, thereby eliminating any extra programming efforts for Registrars

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to participate in the Radio Sunrise Period.

The Radio Sunrise Project follows the successful completion by TM.Biz of the recent .PW Sunrise Project, where TM.Biz served as trademark validation agent.

“Running a TLD Sunrise Period requires trademark expertise that few in the industry have,” said Sandeep Ramchandani, business head at the Directi Group, a group of businesses that develop mass-market Web products. “TM.Biz was able to save us time and money by quickly customizing their trademark validation software to fit the needs of our .PW Sunrise Period.”

Many of the new Registries are planning additional checks and restrictions that will not be included in the services offered by the trademark clearinghouse, such as more complex trademark validation and user verification for a specific community or special-interest group. TM.Biz is poised to help satisfy this need for new TLDs as well as existing TLDs.

About TM.Biz

TM.Biz is an official Trademark Agent for the trademark clearinghouse (TMCH). TM.Biz will be highlighting its’ TMCH workflow portal at the up-coming International Trademark Association’s Annual Meeting in Dallas, Texas. The workflow-based TMCH portal for law firms and registrars includes a real-time interface to 75 online trademark databases. Past TM.Biz projects have included official validation agent for the launch of the .PW TLD and providing third-party validation services for the .XXX Sunrise Period. To learn more, please visit http://www.tm.biz or contact sales@tm.biz.

Trademark Clearinghouse portal for trademark lawyers and brand protection providers

March 26th, 2013

TM.Biz announces a Trademark Clearinghouse (TMCH) portal for trademark lawyers and brand protection providers.

Dubbed “TMCH-in-a-box”, the new portal boosts the productivity of trademark lawyers interacting with the Trademark Clearinghouse by organizing trademarks and supporting documentation and pre-validating all trademarks against online trademark databases. TMCH-in-a-box will submit the records to the TMCH and track the completion of the applications.

Interacting with the TMCH is not just a one-time event. The TM.Biz offers a flat-fee subscription service that covers more than just the initial submission and pre-validation of the trademark to the TMCH. It also includes monitoring of up-coming Sunrise Periods and forwarding of Trademark Claims notices matching the trademark for an entire year.

Any trademark lawyer or registrar helping their clients submit trademarks to the TMCH will benefit from

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using the TMCH-in-a-box portal.

The features of TMCH-in-a-box include:

  • Pre-Validation: Searches online trademark databases to ensure your trademarks are eligible.
  • Document Preparation: Makes sure you have all necessary documents
  • TMCH Submission: Submits your trademarks and documents to the TMCH
  • TMCH Follow-up: Monitors requests for additional documentation
  • Sunrise tokens: Manages your Sunrise tokens for you
  • Sunrise alerts: Alerts you when new Sunrises are scheduled
  • Claims notices: Alerts you when your trademark has generated a claims notice

Pricing Models

There are no setup fees or monthly minimums required to have a TM.Biz account. Pricing is based on a per trademark basis plus any TMCH fees. There are several TMCH-in-a-Box pricing models to choose from:

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Trademark Fact Check available to TM.Biz users

August 17th, 2011

Today, a new service called Trademark Fact Check launches. It helps brand owners secure or block their marks during the upcoming Triple-X sunrise A and B in a cost-effective and timely manner. Trademark Fact Check compares the sunrise application that brand owners supply with official trademark data available online. Best of all, TM.Biz users can access this service via a custom Trademark Fact Check tab on their TM.Biz account.

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Dormant accounts on Facebook and Twitter available on request

January 19th, 2011

Trademark owners should take note of an article, How Adam Got @Adam and Became Cool Online in today’s Wall Street Journal about usernames on social networks such as Facebook and Twitter.

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@CeoSteveJobs: No laughing matter for Apple

January 7th, 2011

Yesterday, we wrote about California’s new law that makes

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New controversial California Bill: trademark protection for individuals?

January 6th, 2011

Once again, California is leading the nation in progressive and controversial policies – this one addresses online impersonations.

A New California bill, SB 1411, effective 1/1/11, provides that any person who knowingly and without consent

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Is this essentially trademark protection for individuals? What legislation is coming next?

TM.Biz mention in David Gryce’s IP Blog

December 14th, 2010

We were recently mentioned in the blog post titled, Trademarks and Social Media: Five Measures for Brand Health on David Gryce’s IP Blog.

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Announcing our Reseller Program: Bundles user names with domain name registration services

December 7th, 2010

【超目玉】Today, we’re happy to announce a reseller program for domain name resellers interested in offering social network user names services to their customers. The TM.Biz Reseller Program offers a simple programmable interface for resellers to seamlessly offer the real-time reservation of user names to their domain name customers.

See below for

the rest of our announcement:
“User names from social networks are the new brand identifiers for the Internet. Companies launching new brands must now secure their brands on networks such as Facebook and Twitter before any product announcement,” says Tom

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the top 20 social networks alone have an estimated two billion user names. The popularity of social networks is demonstrated in the appearance of brand’s social network user names on billboards and television commercials instead of their domain name.

The same first-come, first-served procedure exists for user names as for

domain names. However, there is no trademark dispute policy for user names. In addition, many social networks follow a practice of not releasing deleted user names. So, brand owners should act fast to secure user names even if they are not planning to use them right away.

By using the TM.Biz programmable interface, resellers can help their customers secure user names on the top 500 social networks. Resellers for TM.Biz enjoy the following benefits:

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ReadWriteWeb Guest Post: YourName(R) – Trademark Protection is Coming to Social Networks

November 19th, 2010

TM.Biz President, Tom Barrett was a Guest Author for ReadWriteWeb. The

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article ran today and is generating some conversations about trademark protection on social networks.

YourName(R) – Trademark Protection is Coming to Social Networks

By Tom Barrett / November 19, 2010 9:00 AM/ReadWriteWeb

Oh, baby, baby, it’s a wild, unregulated world. Facebook and LinkedIn, among other online social networks, are vast private communities that have thrived without oversight from any policy-making body. And new social networks are proliferating like bed bugs in a cheap hotel. As a result, trademark protection on social networks is becoming a serious concern for corporations.

Your personal and corporate reputation and popularity on these networks pivot on an identity known as your username. The role of usernames as brand identifiers is following a similar pattern as domain names but without any of the protections that trademarks owners enjoy.

Click here to continue…

Service Update: New Power Tool Enables Portfolio Audit of Usernames on Social Networks

November 1st, 2010

Today, we’re launching Power Tool, a significant addition to our workflow tool to help secure trademarks and brands on social networks. Power Tool allows enterprises to upload their portfolio of trademarks and search for matching usernames across the Internet’s top 500 social networks. Users can investigate taken names, reserve available usernames and share results.

To celebrate the launch, we’re waiving fees for Power Tool during the month of November.

Read the rest of our formal announcement here:

The TM.Biz Power Tool can be used to achieve different objectives within the lifecycle of a trademark.  It can be used as a bulk availability search for a list of names of a proposed new brand or to research a company’s entire trademark portfolio. Search terms can be entered in a search box using cut-and-paste or uploaded via a simple text file.

“This is an opportunity for trademark owners to perform a portfolio audit to see how well they are protected on social media and to determine if there is social squatting on their trademarks,” says Tom Barrett, President of TM.Biz. “Most trademark owners are concerned about Facebook and Twitter, but lesser known sites such as Habbo and Qzone with a combined membership of 300 million users is also where they could be exposed. Our new service searches the 500 most popular social media sites and we’re offering Power Tool for free during the month of November.”

The TM.Biz Power Tool works offline, freeing up the user to do other work while it is processed. Once completed, users can review the results in a single report or review the results online using the TM.Biz dashboard. Reports are also available in downloadable text-only formats to allow law firms and resellers to generate private-label reports for their clients.

“With Power Tool, trademark owners can now search hundreds of trademarks in one step, saving them weeks of labor costs for a low price,” says Tom Barrett, President of TM.Biz. “TM.Biz is the only service that allows a one-step trademark search of usernames on the Internet’s top 500 social networks.”

In addition to TM.Biz’s Search capabilities, the TM.Biz’s workflow service also reserves social network usernames, generates in-use reports and offers annual watch subscriptions. Access to the service is restricted to trademark lawyers and brand managers. Eligible users are invited to apply for a free account at http://www.tm.biz.