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  1. #1
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    Is this identity theft? Help!!

    Hello

    you all know me by my username easternBrain first and by my real name Vishnu next, thousands of other members from other forums also know me as easternBrain, hundreds of my clients and business associates also know me by my screen name and username easternBrain.

    I am about to incorporate a legal body with the name of "easternBrain Inc." it would be a private limited corporation initially.

    >>>>Now the problem is, I recently found that someone is using my username easternBrain on Yahoo: http://profiles.yahoo.com/easternbrain

    I never created the Yahoo id of easternBrain so this person has apparently taken the advantage and I do not have the faintest idea of how he is using my id. I am afraid that, after I incorporate my company there may be confusion among clients and associates or even misuse of he id.

    I have sent this person an email making him aware of the situation and requested him to transfer the id and promised that it wouldn't be used for contacting any of his contacts, and I/he could personally email to notify everyone of the transfer.

    What should I do if he refuses, or never uses the id?? Should I contact Yahoo?

    Looking forward for your inputs..

    Thanks in advance,
    easternbrain aka Vishnu
    Elite Writing Services: Articles, Web Content and Copy Writing
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    email/GTalk: vishnu@easternBrain.com | AIM: easternBrain
    Yahoo: eastern_brain | MSN: eastern_brain@hotmail.com

  2. #2
    Non-Member Egor's Avatar
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    It's just an ID. I doubt you can make this user turn it over.

  3. #3
    SitePoint Enthusiast
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    Well yes, I understand it is just an id and its difficult for anybody if they have to change their id or transfer it to someone. But, that does not mean that I should first allow him to misuse the id and then take an action.
    Elite Writing Services: Articles, Web Content and Copy Writing
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    email/GTalk: vishnu@easternBrain.com | AIM: easternBrain
    Yahoo: eastern_brain | MSN: eastern_brain@hotmail.com

  4. #4
    SitePoint Evangelist bronze trophy Derek Sheppard's Avatar
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    Quote Originally Posted by easternBrain
    But, that does not mean that I should first allow him to misuse the id and then take an action.
    Exactly what action do you think you may take? What 'misuse' of his own id do you expect him to make? He is not using your username, he is using his own. You happen to have the same one. I understand you find this annoying, but you have little to do about it other than rely on his good graces to hand it over to you. How have you offered to compensate him for his inconvenience and trouble?

    It surprises me that you are so ready to impugn this person's motives by implying he is 'taking advantage' of you in some way. What evidence is there of that?

    The answer to your original question is no. This is not identity theft.

  5. #5
    SitePoint Wizard Lil_Red's Avatar
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    This is not identity theft.

  6. #6
    SitePoint Addict LittleFigment's Avatar
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    What if he started using the name first and you started misusing the name?
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  7. #7
    King of Paralysis by Analysis bronze trophy
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    Quote Originally Posted by easternBrain
    Well yes, I understand it is just an id and its difficult for anybody if they have to change their id or transfer it to someone. But, that does not mean that I should first allow him to misuse the id and then take an action.
    He can do whatever he wants, he can use it post porn, he can use it to defame others, he can use it to play online yahtzee, and there isn't a thing you can do about it.

    Because, you don't own the rights to that name, it isn't copyrighted, it isn't trademarked.

    And as others have said, this is nothing at all like identity theft.

  8. #8
    SitePoint Enthusiast
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    I consulted some specialists, after that..

    We decided to notify him of the position and told him that we have nothing against him unless and untill he misuses the Yahoo id in such a manner that it hurts our Corporate identity or if he uses it to mislead our clients/associates.

    Thanks you for your inputs
    Elite Writing Services: Articles, Web Content and Copy Writing
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    email/GTalk: vishnu@easternBrain.com | AIM: easternBrain
    Yahoo: eastern_brain | MSN: eastern_brain@hotmail.com

  9. #9
    SitePoint Wizard Lil_Red's Avatar
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    Quote Originally Posted by easternBrain
    I consulted some specialists, after that..

    We decided to notify him of the position and told him that we have nothing against him unless and untill he misuses the Yahoo id in such a manner that it hurts our Corporate identity or if he uses it to mislead our clients/associates.

    Thanks you for your inputs
    He can use his Yahoo id for anything he wants. He could also retaliate and contact AOL and tell them you are misusing the name and hurting his image.

  10. #10
    SitePoint Wizard johntabita's Avatar
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    Incorporating as easternBrain Inc. doesn't bestow any special rights to that name that would allow you to deny others to use it. Even U.S. Trademark law wouldn't help you. Apple Computers and Apple Records both hold trademarks for their names, but the fact that their products are different allows them to do so. Use of names in trademark disputes are based on whether the public would be reasonably confused over the similar names. I doubt any court would find his Yahoo id guilty of doing so. Besides, what legal recourse do you think you even have? Do you even know what county this person is in?

    What you are doing is tantamount to corporate bullying, which can backfire on you. He may decide to "misuse" his Yahoo id to share with others your silly request that he surrender it, even link to your site, and make you look foolish -- and there's nothing you could do about it.

  11. #11
    Galactic Overlord gold trophysilver trophybronze trophy
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    Esp because he had it first! Your company didn't exist when he created the ID...

  12. #12
    Word Painter silver trophy Shyflower's Avatar
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    My user name "Shyflower" is trademarked for my business and has been for several years. However, that doesn't stop someone else from using it as their user id. In fact, often I end up as "shyflower1" or some other idiotic user name when I create new accounts. The reason— because someone else saw it, liked it, and used it. At first it ticked me off, but now I just look at it as 1) a compliment and 2) free advertising.

    If you're going to create a business with your user name, do register it with your locality and governmental rules. However, don't be surprised if after you do you see many more "EasternBrains" on the Internet.
    Linda Jenkinson
    "Say what you mean. Mean what you say. But don't say it mean." ~Unknown


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