What is the Trademark Infringement Policy on Myspace?
Use of a trademark, including a word, slogan, design or logo, a business name, or other material on a Myspace Profile or Profile URL in a manner that may mislead or confuse others as to the origin and/or affiliation of the Myspace Profile or Profile Content may be considered a violation of our Trademark Infringement Policy.
A trademark owner may obtain rights through registration with an appropriate government entity, or in certain countries, rights in an unregistered trademark may be obtained through use of a trademark. If you believe that your trademark is being infringed by content or material on Myspace, we encourage you to resolve the dispute directly with the Member in question. If you are unable to reach a resolution with the Member or prefer to contact us directly, you may submit a trademark claim through our Trademark Infringement Notice Form.
How does Myspace Respond to Reported Trademark Infringement?
When a trademark owner reports infringement of their trademark to Myspace, we will review the reported Profile, notify the Member who established the Profile and/or the owner/distributor of the allegedly infringing content, and may take the following actions depending on the nature of the alleged infringement and the intent shown by the Member involved:
- Suspend or remove the Myspace Profile;
- Remove the infringing Profile Content;
- Reassign the Member’s Myspace URL; and/or
- Terminate the Accounts of repeat infringers.
How does Myspace’s Trademark Violation Policy Affect URLs?
Myspace URLs (e.g. the URL for Ask Myspace is new.myspace.com/askmyspace) are issued on a first-come, first-serve basis, and typically correspond to a Member’s username. Myspace may, however, reassign a username or Profile URL based upon a report of trademark infringement.
How are Role Playing, Parody and Fan Profiles affected by Myspace’s Trademark Violation Policy?
Myspace allows Members to create Non-Standard Profiles (i.e., Role Playing, Parody and Fan Profiles) per Section 9.3 of our Terms of Use. Members must be sure not to infringe upon the trademark(s) of the subject of the Non-Standard Profiles. Non-Standard Profiles must clearly be identified, so as not to mislead or confuse others as to the identity, origin and/or affiliation of the Myspace Profile or Profile Content. Please follow the following guidelines when creating your Non-Standard Profile.
- Username: The username (and corresponding Myspace URL) should not be the trademarked name of the subject of the Non-Standard Profile. For example, you should add “-parody” or similar notation to any username for a Parody Profile that you control.
- Full name: The Profile full name should not be the trademarked name of the subject of the Non-Standard Profile or use the trademarked name in a confusing or misleading manner. For example, you should add “-parody” or similar notation to any full name for a Parody Profile that you control.
- About me: The profile about me (“Say something about yourself”) should clearly distinguish profile as a Non-Standard Profile. For example, you should include “This is a Parody Profile” or similar notation in your Parody Profile’s about me section.
- Profile Image, Cover Image or Mix Images: Images on your Non-Standard Profile should not use trademarked names or logos and/or copyrighted images without permission from the rights holder.
Myspace may suspend a Non-Standard Profile or remove infringing Profile Content for violation of the Trademark Infringement Policy or Terms of Use.
How do I Report a Trademark Infringement on Myspace?
Trademark owners may report infringement through our Trademark Infringement Notice Form. Please be sure to include all of the available information requested by the form and clearly describe how the Profile, Myspace URL and/or Profile Content may mislead and/or cause confusion with your trademark.
NOTE: Capitalized terms not defined in this Trademark Infringement Policy shall have the meaning set forth in the Terms of Use.