Having a business name hijacked on Facebook can be extremely frustrating and damaging to your brand. Here are some steps you can take if you find another Facebook page or profile that is fraudulently using your business name:
Verify that it is actually your trademarked business name
The first step is to verify that the Facebook page or profile is actually using your trademarked business name or logo. If your business name is not trademarked, you may have a harder time proving that you have the right to that name. Make sure to check all details closely to confirm it is your exact business name being used without your permission.
Send a cease and desist letter
If you confirm that your trademarked business name is being misused, the next step is to contact the infringing page or profile directly requesting they cease use of your trademark. Send a professional cease and desist letter politely but firmly requesting they stop all use of your business name and branding.
The letter should include:
- Your full legal business name
- Your business address
- Registration details of your trademark
- Date you first used your business name
- Examples of how they are using your trademark without consent
- A request for them to stop using your trademark within a specific timeframe
- A request for them to contact you to discuss resolving the issue
Send the letter via registered mail and email if possible to create a paper trail. Keep a copy for your records.
Report trademark infringement to Facebook
If the other page or profile continues to use your business name after your cease and desist letter, the next step is to report them to Facebook for intellectual property infringement. Facebook provides a trademark reporting process:
- Go to the Facebook Help Center
- Click “Report Something” then select “Report trademark infringement”
- Enter the URL of the infringing page or profile
- Describe how they are using your trademark without permission
- Attach a copy of your trademark registration certificate
- Click Submit
Facebook will investigate and take down the page or profile if they agree it violates your trademark rights. This can take some time so continue to re-submit the report if the issue is not resolved.
File a trademark infringement lawsuit
If reporting trademark infringement to Facebook does not resolve the situation, the next option is taking legal action. You can file a lawsuit against the person behind the infringing page or profile for:
- Trademark infringement
- Unfair competition
- Misleading business practices
This will require hiring an intellectual property lawyer to issue a formal cease and desist letter and file the lawsuit on your behalf. Going to court can be expensive but may be necessary if your requests are ignored. Filing a lawsuit puts legal pressure on them to stop using your trademark.
Register your trademark
If your business name is not registered as a trademark, it’s recommended you apply for a trademark to strengthen your legal rights. Having an approved trademark registration certificate provides you with nationwide legal protection against infringement. You can register a trademark by filing an application with the US Patent and Trademark Office (USPTO). The process takes 6-12 months and requires paying fees but makes enforcement easier.
Change your Facebook username
As another layer of protection, you can change your Facebook profile or page username to match your official business name and prevent others from creating similar usernames. For example, if your business is called “ABC Company”, change your username to @ABCCompany to claim that name.
Create social media accounts on all platforms
Be proactive and register your business name as the account username on all major social media platforms like Twitter, Instagram, LinkedIn, YouTube, Pinterest etc. This prevents cyber squatters from creating accounts with your brand name. Actively use each account as well to establish your presence.
Monitor for other infringements
Once you reclaim your business name on one infringing Facebook account, remain vigilant for other accounts that may crop up misusing your brand. Set Google Alerts for your business name so you are notified of any new social media pages or websites using it without consent. Continually search Facebook, Instagram, Twitter and other platforms to identify trademark abuse early and take swift action.
Acquire the infringing domain name
If someone has registered a domain name using your business name in bad faith, you may be able to file a Uniform Domain-Name Dispute-Resolution (UDRP) complaint or even acquire the domain yourself through negotiation or court action. Reclaiming the domain can remove confusion and strengthen your brand presence online.
Increase your social media marketing
Create more brand awareness around your legitimate social media business pages through marketing. Promote your official profiles in your website content, emails, ads and other materials. Invite customers to follow your pages. This makes it harder for imposter pages to gain traction.
Conclusion
Having your business name misused on Facebook can harm your brand identity but there are ways to reclaim your name. Confirm it is your trademarked name, contact the page and Facebook to request removal, consider legal action, register your trademark and proactively claim your brand name across the web and social channels. With persistence, you can protect your brand reputation from online impersonation.
Contact Facebook Support
If you need help with reporting trademark infringement on Facebook or other issues with impersonating accounts, you can contact Facebook’s support team for assistance:
| Contact Method | Details |
|---|---|
| Help Center | Visit Facebook’s Help Center to find answers to common questions and contact support. |
| Email Facebook Support at [email protected] from your email associated with your account. | |
| Live Chat | Start a live chat session with a Facebook representative in the Help Center. |
| Phone | Call Facebook’s support line at 1-650-308-7300. |
The Facebook Help Center has forms to report various issues and contact options for different account problems. Be sure to provide details on the unauthorized use of your business name and trademark.
Facebook’s Trademark Infringement Policy
Here are some key details on Facebook’s policy regarding trademark infringement and reporting abusive accounts:
- Facebook prohibits accounts that infringe the trademark rights of others.
- To report trademark infringement, you must have a registered trademark with the official registration certificate.
- submitting a report does not guarantee the account will be taken down.
- Facebook investigates and evaluates each report carefully before acting.
- Decisions may take a few days or weeks depending on complexity.
- There is an appeals process if you disagree with the decision made.
- Facebook may disable accounts that repeatedly infringe on trademark rights.
Review Facebook’s full trademark policy in the Help Center so you understand the process and requirements when reporting trademark-infringing accounts.
Preventing Business Name Theft on Social Media
Here are some proactive tips to help prevent your business name from being misused on social media:
- Register your business name, logo and brand as trademarks.
- Search regularly for anyone using your marks without consent.
- Claim your business name on profiles across all social networks.
- Set up Google Alerts to monitor new accounts, pages or websites using your name.
- Report unauthorized accounts immediately and request removal.
- File complaints through social media reporting procedures.
- Send cease and desist letters to infringing accounts.
- Increase marketing of your official branded profiles.
- Acquire infringing domains if possible.
Vigilance and quick action are key to policing and protecting your brand reputation online.
Legal Options for Trademark Infringement
If informal requests and social media reporting fail to resolve trademark infringement issues, legal action may be necessary. Here are some options to discuss with an intellectual property attorney:
- Send a formal cease and desist letter demanding the infringer stop unauthorized use of your trademark.
- File a lawsuit for trademark infringement, unfair competition, or other relevant causes of action.
- Petition the court for a preliminary injunction or temporary restraining order to halt infringing activity.
- Submit a UDRP complaint to acquire an infringing domain name.
- Submit a request to suspend infringing social media accounts.
- Negotiate a settlement agreement where the infringer agrees to stop unauthorized use.
- Demand statutory damages for willful trademark infringement.
Having an experienced intellectual property attorney send strongly worded letters on law firm letterhead or file court petitions often gets infringers to promptly cooperate and ceases improper use of your trademarks.
Recovering From Trademark Violations
Once you have stopped unauthorized use of your business name on social media, focus on recovering your brand reputation. Useful strategies include:
- Monitoring branded search results and fixing any negative content related to the infringement.
- Increasing marketing efforts around your official social media profiles to increase followers.
- Creating press releases and public statements to reassert you are the valid brand.
- Updating branding on your website and promotional materials.
- Ensuring your website is search engine optimized to outrank impersonators.
- Registering branded social media profiles on any new platforms.
- Using social media monitoring tools to track brand mentions.
The key is being aggressive in reinforcing your position as the genuine brand in the marketplace. This helps repair any damage from infringers attempting to use your goodwill and business identity.
Conclusion
Having your business name misused on Facebook or other social networks can significantly harm your brand reputation. But understanding the proper procedures for reporting trademark infringement and taking both legal and technical steps can help you reclaim your name. Protect your business by registering trademarks, monitoring for abuse, acting swiftly to halt unauthorized use and diligently rebuilding your brand presence.