Social networks: Twitter Account under a false name

TWITTER is hot. That makes it an attractive medium to exploit. Increasingly, there are Twitter accounts created under the name of someone else. So the account HEROBRINKMANPVV account is not owned by the PVV MP. But he is not the only victim of this. There were also false accounts of Mark Rutte (prime minister of the Netherlands - now off the air), the TELEGRAAF, (l was here replaced by a i) and Benedicte Ficq a criminal lawyer.

Applying for a Twitter account with someone else's name is not punishable in the Netherlands (it is for example in the U.S. state of California). It is not always equally clear that it is a 'fake account'. As a result, there is sometimes confusion on the origin of some Tweets.

Adopting a 'false identity' is basically fraud, deception or forgery, depending on how it is used. Some Twitter accounts are clearly parodies. A familiar example is koningin_NL (see Tweet from 11 January). In civil law there is not much to do at the registering of an account consisting of someone else's name. Partly because Twitter (but also other social media like Facebook) do not disclose the identity and personal data of the applicant for privacy reasons. Should there be a clear misrepresentation or breach of IP rights, file a direct complaint to Twitter / Facebook, they always deal with matters swiftly.

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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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