Author: Nandini Parihar, University Five Year Law College, University of Rajasthan

Social media has taken the world by storm. The 21st century saw many invigorating developments; the expansion of social media is by far the most successful and followed. It gives the opportunity to people or netizens to create their own persona on the internet where they can form connections, gain opportunities, and publicise their lives. Within the past few years, it has become a tool for social media personalities and businesses to introduce, sell, and market their products for better publicity. The digital marketing world has opened great opportunities for sellers and buyers to purchase and choose myriad goods of their liking. With the booming use of social media comes the responsibility to manage and regulate the platform. It has become easy for everyone to create a social media handle; hence, misusing it has also become easy. Anyone can manoeuvre social media handles by creating fake usernames or accounts. Well-known brands with humongous goodwill can be teared down through misinterpreted and fake duplicate ids and accounts. This blog answers the basic question of whether a social media username can be trademarked or not? And if yes, why is it important, and what are the legal implications behind it?

Usernames are individual names made for the unique identification of a person in online social media platforms. Business moguls and even niche businesses are promoted online through social media like Instagram, which have colossal users, also prospective consumers. Social media platforms also benefit from such promotions. Big brands make sure that their social media profiles are catchy and even hire celebrities to promote their products and services. It plays a major role in brand recognition as it increases customer interactions, builds trust, and ensures their presence across all social media platforms to gain loyalty. Unique usernames as businesses have multi-fold interest from online profiles, as social media helps companies stay competitive by keeping up with industry trends and directly interacting with influencers or partners. Social media’s visibility and engagement opportunities make it essential to a modern business strategy.

With the rapid use of social media, it has become pertinent for businesses and brands to trademark their username. A trademark is any term or phrase that functions as a source indicator and lets consumers know that goods or services come from one specific producer, like AMUL, a famous brand all around world, is trademarked, so if consumers come across with name AMUL on social media, they will believe that the account is maintained by the famous dairy brand itself. Likewise, Amitabh Bachchan and other celebrities have also trademarked their names so that no one misuses their name. However, it might be confusing if various users create their username using the name Amitabh Bacchan. If a fake Amitabh Bacchan profile garners thousands of followers and posts something abhorring, it will taint the celebrity’s identity. Such instances prove that trademarking a username is a must.

It is possible that trademarks can be registered as usernames. Especially when a username has to protect the name of a product or service, a trademark can become integral. At present, various social media sites like Instagram, X (formerly Twitter), Facebook, and other sites have their own distinguished policies on handling trademarks. Celebrities like Taylor Swift have registered her name as a trademark to ensure that her name is not commercially misused. Business giants like McDonald’s, Amazon, Google, TATA, Coca-Cola, and other brands are trademarked because “trademark law allows famous names to control, monitor, and profit from use of their identities.” The U.S. trademark laws allow to trademarking of anything which are essentially distinguishable, even social media handles, for example, Tiffany & Co. has trademarked their signature blue. Famous Indian vlogger Bhuvan Bam trademarked BB Ki Vines early on, ensuring that no one else could launch a similar brand or use the name commercially. Thus, entertainers and celebrities use trademarks all the time for better revenue and recognition.

Registering a trademark on a username has multi-fold benefits. Not only does it give exclusive right to the owner of the trademark to use the username legally, but it also gives the right to protect it and take a lawful action if anyone misuses it. Trademarks also create an asset; once a username is trademarked, its value inadvertently increases as it becomes an asset. This helps in growing a business and adding real value to your work online. A registered trademark invariably expands business to the global market. Since India is a part of the Madrid Protocol which allows protection of trademarks in multiple countries, the owner’s trademark is protected more extensively. The process of registering a trademark is also very simple. India provides a list of 45 classes of goods and services from which the user can select the best possible class for a trademark. The form is filed along with a prescribed fee. Examination is done thoroughly, and after no opposition, the trademark is published and the goods/service is protected for 10 years until renewal after expiration.

Social media is evolving faster than the IP laws can protect it. Social media squatting or username squatting has become widespread. “It is a form of trademark infringement. Cybersquatting involves the bad faith registration of “well-known brand names as Internet domain names in order to force the rightful owners of the marks to pay for the right to engage in electronic commerce under their own trademark.” If put more straightforwardly, it refers to the malafide act of creating similar social media handles which coincides with brands trademark. This is done in the hopes of unlawfully monetizing recognised brand names. Social Media Squatting can create a slew of problems for brand owners, including consumer confusion, reduced quality control of goods and services, inconsistent online messaging, and reputational tarnishment, to name a few. Impersonating someone on social media is also a crime. It is a civil law as well as a criminal offense, depending upon the intent behind the act. Impersonators generally form such accounts to defraud or cheat someone, or to defame a person. In 2020. IAS officer Tina Dabi was in a pickle when a fake Facebook profile in her name commented on anti-CAA protests. She had to report 10 “fake FB profiles” which were defaming her name and work.

Fake usernames of businesses can lead to reduced loyalty of customers, inferior quality of products, and defamation of the brand. Such scenarios can create hindrances for the trademark owner who has certain goodwill and value in the market and has acquired distinctiveness in all these years; he also would not like to be associated with products that are inferior in quality or are counterfeited. Social media and networking platforms disseminate unchecked information that may be harmful to the trademark owner.

It is integral that robust policies to better protect handles and usernames should be developed. Although many social media sites ask users to affirm that they will not impersonate any person or entity. A more proactive strategy would be to require new users to scroll through or click to acknowledge at least some of the key terms of those agreements when they first create their account and notify them of changes and updates to policies after the fact. Such "click-wrap" and "scrollwrap" agreements are more likely to be read (or at least skimmed) and therefore more likely to be legally enforceable remedies to curb social media squatting are essential with the evolving and often rampant use of social media. Even though social media sites have their own policies, they often fall short in protecting usernames. Another important feature for protection is that real and trademarked profiles have a verification badge. It involves a symbol assigned to profiles, which makes customers and users realise that it is the authentic page. Instagram and X have this feature, but it's time all other sites have it too. The user must establish a consistent, defensible brand presence across social media starts with securing key assets, especially usernames and handles that match your registered trademarks. This will prevent cybersquatting and legal headaches.

Social networking platforms have become a part of our culture. Real life and reel life have intertwined. A person does not only exist in the physical plane but also on the digital plane, and with such evolution, it is important that the identity of the person is protected. To do so, users may trademark their usernames, and such a trademark can provide effective protection. Offences such as impersonation, identity theft, etc, have become rampant; trademarks will help users protect their identity online. It is necessary that the username must be unique and not exist in the public domain already, hence it is mostly needed by big business brands and celebrities in whose name people impersonate and extort money also. The identity of such brands/celebrities being misused leads to defamation, distrust, and disloyalty. For businesses, they may lose their goodwill acquired from the years, and celebrities may face backlash. Although Indian Law under Section 66D of the IT Act, 2000, and other provisions of cheating and impersonation in BNS try to curb such offences but they still exist. Social media sites must ensure that the verification badge is always present. Before making an ID, an affirmation from the user must be taken that they will not indulge in impersonation, and users must ensure that their username is consistent throughout on all platforms. Application of trademark law must be widened to incorporate the evolving leads as digitalisation fastens. Social media sites must keep thorough checks and provide timely updates to all users for the protection of trademarked users. Proper trademark laws and enforcement will ensure 

1. Alex Davis, Understanding the Legal Implications of Social Media Use for Businesses, (Aug. 24, 2024) https://omnilawpc.com/understanding-the-legal-implications-of-social-media-use-for-businesses/

2.  Alexandra J. Roberts, “Law and Technology: Getting a Handle on Handles” Vol. 6 Comms. of the ACM, 28, 28(2023). 

3. COHN LEGAL. PLLC “Famous Names as Trademarks” https://www.cohnlg.com/famous-names-as-trademarks/ 

4. Thomas J. Curtin, “The Name Game: Cybersquatting and Trademark Infringement on Social Media Websites” Vol. 19 Journal of Law and Policy, 353, 354 (2010).

5. Brian A. Hall, “What is Social Media Squatting and is it Time to Legislate? (2021) https://bpp.msu.edu/magazine/what-is-social-media-squatting-and-is-it-time-to-legislate-march2021/

6. Shreevardhan Khemka “Trademark In The Era Of Social Media” Vol. 4 South Asian Law Review Journal, 109, 111 (2018).