Social Networking Trademark Infringement Username

[helpmeoutplease]

What is the name of your state (only U.S. law)? CA

I am starting a business and have been using a name for sometime. However I have not used it publically and I did not file for a U.S. trademark (there isn't a trademark registered for it either). I do plan to find a lawyer and file.

I wanted to get it as a username from a major social networking site, however it is currently registered. But who ever uses the username has it completely unused, and in my opinion being squatted. According to the social network's policies anytime a username has not logged in over 6 months, and doesn't have many posts, that social networking site may at their discretion release the username. However, at the time, they are only releasing names with a trademark infringement claim brought.

So my question is, can I claim trademark infringement and have a valid claim with the social networking site against the squatter?

 

[divgradcurl]

What is the name of your state (only U.S. law)? CA

I am starting a business and have been using a name for sometime. However I have not used it publically and I did not file for a U.S. trademark (there isn't a trademark registered for it either). I do plan to find a lawyer and file.

I wanted to get it as a username from a major social networking site, however it is currently registered. But who ever uses the username has it completely unused, and in my opinion being squatted. According to the social network's policies anytime a username has not logged in over 6 months, and doesn't have many posts, that social networking site may at their discretion release the username. However, at the time, they are only releasing names with a trademark infringement claim brought.

So my question is, can I claim trademark infringement and have a valid claim with the social networking site against the squatter?

If you have not used the name "publicly" then there isn't any way for you to have any rights to the name. Trademark rights arise through consistent use of a mark in commerce. If you don't use the mark in commerce to publicly identify a product or service, then you acquire no rights to the name.

 

[Zigner]

It's also pretty darn preposterous to call the user a "squatter"