Distinguishing brand impersonations in the world of X/Twitter can sometimes be perplexing. Unlike LinkedIn, which enforces more stringent measures against misrepresentation, X tends to take a more flexible stance. This has made it harder than ever to know what’s authentic or not on X. This complicates identification, reporting, and takedown of online brand impersonations on the platform.
Leading financial institutions and retailers trust our best-in-class takedown team to efficiently and efficiently stamp out X impersonations. So, we spoke with them to write this article explaining the subtleties of X rules regarding brand, executive, and employee impersonations and providing guidance for reporting violations and managing takedowns.
The first part of battling impersonations of your brand or employees on X is understanding X’s definitions about what does and does not constitute an impersonation.
Here’s how X defines impersonation and deceptive identities in its current misleading and deceptive identities policy:
You’ll notice X’s emphasis of “at least two elements” in the definition of impersonation. The same policy states, “Accounts that share your name but have no other commonalities are not in violation of this policy.” X considers parodies, social commentary, and fan accounts to be an acceptable part of its ecosystem. Granted, X also requires that such accounts “clearly indicate that the account is not affiliated with the subject portrayed in the profile” in their account name and bio.
Even if only slightly, this differs from other social media platforms – such as Linkedin’s stand on fake profiles where inaccurate information is strictly prohibited.
Experts on our takedown team find that even though X’s policy requires “at least two elements” of another account’s identity to qualify as an impersonation, accounts that do not have a profile picture at all or do not have a picture that matches the impersonated account’s profile picture are not typically prioritized for takedown.
Reporting trademark issues on X is about safeguarding the unique words, symbols, or designs that customers recognize as identifying your products or services. Reporting copyright violations is about protecting your creative work. Trademark complaints relate to the unauthorized use of your brand’s logo, name, etc. Copyright complaints focus on the use of your unique creations (e.g., writings or pictures) without your permission.
Both trademark and copyright complaints differ from reporting impersonations which involve content aimed at tricking others by pretending to be you or your brand. Knowing these differences helps you report problems more effectively on X. We cover reporting each of these types of issues below.
There may be instances where a post infringes on your brand’s intellectual property rights, in which case X’s “rule of two” impersonating elements is not necessarily required to justify removal.
X has different reporting requirements for trademark infringements vs. copyright violations. It’s important to understand the difference to avoid any delay in enforcement actions:
According to X’s trademark policy, “Using another’s trademark in a way that may mislead or confuse people about your affiliation may be a violation of our trademark policy.” Considering fair use of trademarks, referencing another’s trademark is not always a violation – for example, if the reference is used outside the scope of the trademark’s registration, or if its use could be considered fair use.
If you decide your brand’s trademark is indeed being infringed upon, you can report it using X’s trademark infringement form. You will need to prove that you are the trademark owner or an authorized representative of the trademark owner and provide:
X’s fair use policy states “Certain uses of copyrighted material may not require the copyright owner’s permission.” Fair use is not an X policy but rather a matter of formal copyright law. Whether or not an instance is considered fair use is dependent on four factors:
If you believe an X account is violating your copyrights, file a copyright infringement report here. Note that X will initiate the process by notifying the alleged violator on your behalf. The reporting form requires the following information:
You may find impersonations of your brand on X profiles, posts, lists, moments, products, ads, and direct messages. Submitting reports for each type of impersonation follows a common format. Below we highlight some of the nuances of the different reporting types.
Reporting or requesting a takedown directly from a profile, post, list or Moment all follow a similar set of actions as illustrated in the diagram below.
Reporting a brand impersonation will prompt you to fill out this form. After confirming your identity, you will be asked to provide company information, personal information (name, relation to company), and information about the account you’re reporting.
Below we explain how to report and request the takedown of offending content in a profile’s Shop Spotlight, ads, and direct messages.
It is important to note that reporting products on a profile’s Shop Spotlight can only be done via the mobile app (iOS/Android)
In a conversation:
If you select “It’s abusive or harmful,” X will ask you to provide additional information about the issue you’re reporting. They may also ask you to select additional messages from the account you’re reporting so they have better context to evaluate your report.
The reporting process will look like this:
Once you’ve submitted your report, X will provide recommendations for additional actions you can take to improve your experience. You also have the option of reporting an entire conversation from a group message.
Additional actions are also available after a report is submitted, such as muting or blocking the offending profile directly from a direct message report.
WHAT YOU SHOULD DO NEXT