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Cliff’s “unradio” lands Twitter users in hot water

Radio DJ Gareth Cliff launched its own online streaming radio station in the beginning of May, and with it the tag line of being “unradio”.

It now seems that the aforementioned tag line has become so popular that Cliff has had to resort to filing an official complaint with Twitter to protect his brand – and take on several people for copyright infringement.

According to Adams & Adams Attorneys, who represents the CliffCentral radio station, the term “unradio” is part of a trademark, and companies and brands can’t use the phrase outside of the CliffCentral reference.

To take on those who are using the phrase incorrectly, Cliff filed a complaint with Twitter, to prevent the misuse of the name. Reports peg the current total of complaints filed with Twitter for “unradio” at 50, while one have been successful.

Individuals who feel that their brand name, tag line or copyrighted material is being used illegally, can lodge a complaint with the social network, who will then take the necessary step to remove the content.

Twitter explains that violating their policy is when you are “using a company or business name, logo, or other trademark-protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a trademark policy violation.”

Darren Olivier, head of the Adams & Adams’ team representing CliffCentral told htxt.africa that it takes about two years to copyright material in South Africa, so it is a bit of a landmark decision by Twitter, given that Cliff only started CliffCentral three months ago.

Olivier added that it is a great avenue for those who are dealing with similar issues: “The key issue is to know that one doesn’t have to go to court enforce one’s rights and that popular social media sites such as Twitter, Facebook, and YouTube have dispute resolution forums which one can use cost effectively. It is important though not to ignore it otherwise you could lose your brand.”

In a separate media statement, CliffCentral’s spokesperson Rina Broomberg said that the step was necessary for the brand:

“Copying is the sincerest form of flattery but we were forced to take steps to protect us against brand misuse, especially on such a scale. It’s a mark of our success and we expect more of it as we continue to grow using more platforms to disseminate our content.”

Twitter has a rather stringent copyright policy, and vows to move on anyone who violates their policy – which includes images or links.

Being found guilty can result in the offending Twitter account being suspended.  “When there is a clear intent to mislead others through the unauthorised use of a trademark, Twitter will suspend the account and notify the account holder,” Twitter explains on their Trademark policy page.

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